Special Local Regulations; Third Annual Space Coast Super Boat Grand Prix, Atlantic Ocean, Cocoa Beach, FL, 15006-15009 [2012-6182]
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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Proposed Rules
submitted timely to the IRS. Treasury
and the IRS request comments on all
aspects of the proposed rules. All
comments submitted by the public will
be made available for public inspection
and copying. A public hearing will be
scheduled if requested in writing by any
person that timely submits comments. If
a public hearing is scheduled, notice of
the date, time, and place for the public
hearing will be published in the Federal
Register.
Drafting Information
List of Subjects in 26 CFR Part 301
Employment taxes, Estate taxes,
Excise taxes, Gift taxes, Income taxes,
Penalties, Reporting and recordkeeping
requirements.
Accordingly, 26 CFR part 301 is
proposed to be amended as follows:
PART 301—PROCEDURE AND
ADMINISTRATION
Paragraph 1. The authority citation
for part 301 continues to read as
follows:
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 301.6109–1 is
amended by adding paragraphs
(d)(2)(ii)(A) and (d)(2)(ii)(B) to read as
follows:
Identifying numbers.
pstrozier on DSK7SPTVN1PROD with PROPOSALS
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(d) * * *
(2) * * *
(ii) * * *
(A) Requirement to update. Persons
issued employer identification numbers
in accordance with the application
process set forth in paragraph (d)(2)(i) of
this section shall provide to the Internal
Revenue Service any updated
application information in the manner
and frequency required by forms,
instructions, or other appropriate
guidance.
(B) Effective/applicability date.
Paragraph (d)(2)(ii)(A) of this section
applies to all persons possessing an
employer identification number after
the date of publication of the Treasury
15:01 Mar 13, 2012
[FR Doc. 2012–6072 Filed 3–13–12; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Jkt 226001
33 CFR Part 100
[Docket No. USCG–2012–0070]
RIN 1625–AA08
Special Local Regulations; Third
Annual Space Coast Super Boat Grand
Prix, Atlantic Ocean, Cocoa Beach, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish special local regulations on the
waters of the Atlantic Ocean east of
Cocoa Beach, Florida during the Third
Annual Space Coast Super Boat Grand
Prix, a series of high-speed boat races.
The event is scheduled to take place on
Sunday, May 20, 2012. Approximately
30 high-speed race boats are anticipated
to participate in the races, and
approximately 200 spectator vessels are
expected to attend the event. These
special local regulations are necessary to
provide for the safety of life on
navigable waters of the United States
during the races. The special local
regulations would consist of the
following 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; and (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.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 3, 2012. Requests for
public meetings must be received by the
Coast Guard on or before March 26,
2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0070 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
SUMMARY:
Proposed Amendments to the
Regulations
VerDate Mar<15>2010
Steven T. Miller,
Deputy Commissioner for Services and
Enforcement.
Coast Guard
The principal authors of these
regulations are Tammie A. Geier and
Gregory T. Armstrong of the Office of
the Associate Chief Counsel (Procedure
and Administration).
§ 301.6109–1.
decision adopting these rules as final
regulations in the Federal Register.
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(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email Lieutenant
Commander Robert Butts, Sector
Jacksonville Office of Waterways
Management, Coast Guard; telephone
(904) 564–7563, email
Robert.S.Butts@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2012–0070),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a telephone number in the body of
your document so that we can contact
E:\FR\FM\14MRP1.SGM
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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Proposed Rules
you if we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number USCG–2012–0070 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on ‘‘Submit a Comment’’ on the
line associated with this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2012–0070) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. We have an
agreement with the Department of
Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
pstrozier on DSK7SPTVN1PROD with PROPOSALS
Public Meeting
We do not now plan to hold a public
meeting, but you may submit a request
for one on or before February 29, 2012
using one of the four methods specified
under ADDRESSES. Please explain why
you believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
VerDate Mar<15>2010
15:01 Mar 13, 2012
Jkt 226001
Basis and Purpose
The legal basis for the proposed rule
is the Coast Guard’s authority to
establish special local regulations:
33 U.S.C. 1233. The purpose of the
proposed rule is to insure safety of life
on navigable waters of the United States
during the Third Annual Space Coast
Super Boat Grand Prix.
Discussion of Proposed Rule
On Sunday, May 20, 2012, Super Boat
International Productions, Inc. will host
the Third Annual Space Coast 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
Cocoa Beach, Florida. Approximately 30
high-speed power boats are anticipated
to participate in the races. It is
anticipated that at least 200 spectator
vessels will be present during the event.
The proposed rule would establish
special local regulations that encompass
certain waters of the Atlantic Ocean east
of Cocoa Beach, Florida. The special
local regulations would be enforced
from 9 a.m. until 5:30 p.m. on May 20,
2012. The special local regulations
would consist of the following two
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; and
(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. Persons and vessels would
be able to request authorization to enter,
transit through, anchor in, or remain
within the race area or buffer zone by
contacting the Captain of the Port
Jacksonville by telephone at (904) 564–
7501, or a designated representative via
VHF radio on channel 16. If
authorization to enter, transit through,
anchor in, or remain within the race
area or buffer zone is granted by the
Captain of the Port Jacksonville or a
designated representative, all persons
and vessels receiving such authorization
would be required to comply with the
instructions of the Captain of the Port
Jacksonville or a designated
representative. The Coast Guard would
provide notice of the regulated areas by
Local Notice to Mariners, Broadcast
Notice to Mariners, and on-scene
designated representatives.
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
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based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This proposed 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, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of 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 proposed
rule is not significant for the following
reasons: (1) The special local regulations
would be enforced for only 81⁄2 hours;
(2) although persons and vessels would
not be able to enter, transit through,
anchor in, or remain within the race
area or buffer zone without
authorization from the Captain of the
Port Jacksonville or a designated
representative, they would be able to
operate in the surrounding area during
the enforcement period; (3) persons and
vessels would still be able to enter,
transit through, anchor in, or remain
within the race area or buffer zone if
authorized by the Captain of the Port
Jacksonville or a designated
representative; and (4) the Coast Guard
would 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 proposed 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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities. This proposed 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 9 a.m. until
5:30 p.m. on May 20, 2012. For the
reasons discussed in the Regulatory
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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Proposed Rules
Planning and Review section above, this
proposed rule would not have a
significant economic impact on a
substantial number of small entities.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this proposed rule would economically
affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the proposed rule would affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, please contact
Lieutenant Commander Robert Butts,
Sector Jacksonville Office of Waterways
Management, Coast Guard; telephone
(904) 564–7563, email
Robert.S.Butts@uscg.mil. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
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Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and determined that this rule
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 proposed rule would not
VerDate Mar<15>2010
15:01 Mar 13, 2012
Jkt 226001
result in such an expenditure, we do
discuss the effects of this proposed rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would not cause 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 proposed 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 proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This proposed rule is not an
economically significant rule and would
not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have
Tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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 proposed 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
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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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves establishing special local
regulations issued in conjunction with a
marine event, as described in figure 2–
1, paragraph (34)(h), of the Instruction.
We seek any comments or information
that may lead to the discovery of a
significant environmental impact from
this proposed 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 proposes to
amend 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.
2. Add a temporary § 100.35T07–0070
to read as follows:
§ 100.35T07–0070 Special Local
Regulations; Third Annual Space Coast
Super Boat Grand Prix, Atlantic Ocean,
Cocoa Beach, FL.
(a) Regulated Areas. The following
regulated areas are established as
special local regulations. All
coordinates are North American Datum
1983.
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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Proposed Rules
(1) Race Area. All waters of the
Atlantic Ocean located east of Cocoa
Beach encompassed within an
imaginary line connecting the following
points: Starting at Point 1 in position
28°22′09″ N, 80°35′52″ W; thence east to
Point 2 in position 28°22′08″ N,
80°35′46″ W; thence south to Point 3 in
position 28°19′53″ N, 80°36′02″ W;
thence west to Point 4 in position
28°19′53″ N, 80°36′08″ W; thence north
back to origin.
(2) Buffer Zone. All waters of the
Atlantic Ocean located east of Cocoa
Beach, excluding the race area, and
encompassed within an imaginary line
connecting the following points:
Starting at Point 1 in position 28°22′16″
N, 80°36′04″ W; thence east to Point 2
in position 28°22′15″ N, 80°35′39″ W;
thence south to Point 3 in position
28°19′47″ N, 80°35′55″ W; thence west
to Point 4 in position 28°19′47″ N,
80°36′22″ W; thence north back to
origin.
(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 Jacksonville in the
enforcement of the regulated areas.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated areas
unless authorized by the Captain of the
Port Jacksonville or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated areas may
contact the Captain of the Port
Jacksonville by telephone at 904–564–
7501, or a designated representative via
VHF radio on channel 16, to request
authorization. If authorization to enter,
transit through, anchor in, or remain
within the regulated areas is granted by
the Captain of the Port Jacksonville or
a designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Jacksonville or
a designated representative.
(3) 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) Enforcement Date. This rule will
be enforced from 9 a.m. until 5:30 p.m.
on May 20, 2012.
VerDate Mar<15>2010
15:01 Mar 13, 2012
Jkt 226001
Dated: February 13, 2012.
C.A. Blomme,
Captain, U.S. Coast Guard, Captain of the
Port Jacksonville.
15009
DEPARTMENT OF HOMELAND
SECURITY
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
Coast Guard
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2012–6182 Filed 3–13–12; 8:45 am]
BILLING CODE 9110–04–P
33 CFR Part 165
[Docket No. USCG–2012–0131]
RIN 1625–AA00
Safety Zones; Sellwood Bridge Project,
Willamette River; Portland, OR
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes the
establishment of two safety zones to
remain in effect throughout the duration
of the construction and renewal of the
Sellwood Bridge located on the
Willamette River in Portland, Oregon.
This action is necessary to ensure the
safety of vessels transiting in close
proximity to cranes, barges, and
temporary structures associated with
this construction project. During the
effective period, all vessels will be
required to remain at the prescribed safe
distance from the construction area
while transiting in the vicinity of the
Sellwood Bridge project; however, the
establishment of these safety zones does
not entirely close this section of the
Willamette River. The section of the
Willamette River between the safety
zones will remain open for vessel
transits, and it will have a minimum
channel width of 138 feet at all times.
The two safety zones proposed in this
rule are located within the same
geographical points as safety zones
issued as a temporary final rule effective
through 11 a.m., July 1, 2012.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 14, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0131 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
SUMMARY:
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If
you have questions on this proposed
rule, call or email ENS Ian McPhillips,
Waterways Management Division,
Marine Safety Unit Portland, Coast
Guard; telephone 503–240–9319, email
Ian.P.McPhillips@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2012–0131),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a telephone number in the body of
your document so that we can contact
you if we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
E:\FR\FM\14MRP1.SGM
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Agencies
[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Proposed Rules]
[Pages 15006-15009]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6182]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0070]
RIN 1625-AA08
Special Local Regulations; Third Annual Space Coast Super Boat
Grand Prix, Atlantic Ocean, Cocoa Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish special local
regulations on the waters of the Atlantic Ocean east of Cocoa Beach,
Florida during the Third Annual Space Coast Super Boat Grand Prix, a
series of high-speed boat races. The event is scheduled to take place
on Sunday, May 20, 2012. Approximately 30 high-speed race boats are
anticipated to participate in the races, and approximately 200
spectator vessels are expected to attend the event. These special local
regulations are necessary to provide for the safety of life on
navigable waters of the United States during the races. The special
local regulations would consist of the following 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; and (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.
DATES: Comments and related material must be received by the Coast
Guard on or before April 3, 2012. Requests for public meetings must be
received by the Coast Guard on or before March 26, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0070 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Lieutenant Commander Robert Butts, Sector
Jacksonville Office of Waterways Management, Coast Guard; telephone
(904) 564-7563, email Robert.S.Butts@uscg.mil. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0070), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact
[[Page 15007]]
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number USCG-2012-0070 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2012-0070) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. We have an agreement with the Department of Transportation to
use the Docket Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting, but you may submit a
request for one on or before February 29, 2012 using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.
Basis and Purpose
The legal basis for the proposed rule is the Coast Guard's
authority to establish special local regulations: 33 U.S.C. 1233. The
purpose of the proposed rule is to insure safety of life on navigable
waters of the United States during the Third Annual Space Coast Super
Boat Grand Prix.
Discussion of Proposed Rule
On Sunday, May 20, 2012, Super Boat International Productions, Inc.
will host the Third Annual Space Coast 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 Cocoa Beach, Florida. Approximately 30 high-
speed power boats are anticipated to participate in the races. It is
anticipated that at least 200 spectator vessels will be present during
the event.
The proposed rule would establish special local regulations that
encompass certain waters of the Atlantic Ocean east of Cocoa Beach,
Florida. The special local regulations would be enforced from 9 a.m.
until 5:30 p.m. on May 20, 2012. The special local regulations would
consist of the following two 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; and (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. Persons and vessels would be able to request
authorization to enter, transit through, anchor in, or remain within
the race area or buffer zone by contacting the Captain of the Port
Jacksonville by telephone at (904) 564-7501, or a designated
representative via VHF radio on channel 16. If authorization to enter,
transit through, anchor in, or remain within the race area or buffer
zone is granted by the Captain of the Port Jacksonville or a designated
representative, all persons and vessels receiving such authorization
would be required to comply with the instructions of the Captain of the
Port Jacksonville or a designated representative. The Coast Guard would
provide notice of the regulated areas by Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
Regulatory Analyses
We developed this proposed 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 proposed 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, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of 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 proposed rule is not significant for
the following reasons: (1) The special local regulations would be
enforced for only 8\1/2\ hours; (2) although persons and vessels would
not be able to enter, transit through, anchor in, or remain within the
race area or buffer zone without authorization from the Captain of the
Port Jacksonville or a designated representative, they would be able to
operate in the surrounding area during the enforcement period; (3)
persons and vessels would still be able to enter, transit through,
anchor in, or remain within the race area or buffer zone if authorized
by the Captain of the Port Jacksonville or a designated representative;
and (4) the Coast Guard would 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 proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed 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 9 a.m. until 5:30 p.m. on May 20, 2012.
For the reasons discussed in the Regulatory
[[Page 15008]]
Planning and Review section above, this proposed rule would not have a
significant economic impact on a substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Lieutenant
Commander Robert Butts, Sector Jacksonville Office of Waterways
Management, Coast Guard; telephone (904) 564-7563, email
Robert.S.Butts@uscg.mil. The Coast Guard will not retaliate against
small entities that question or complain about this proposed rule or
any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call 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 the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this proposed rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would not cause 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have Tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves establishing special local regulations issued in conjunction
with a marine event, as described in figure 2-1, paragraph (34)(h), of
the Instruction. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this proposed
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 proposes
to amend 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.
2. Add a temporary Sec. 100.35T07-0070 to read as follows:
Sec. 100.35T07-0070 Special Local Regulations; Third Annual Space
Coast Super Boat Grand Prix, Atlantic Ocean, Cocoa Beach, FL.
(a) Regulated Areas. The following regulated areas are established
as special local regulations. All coordinates are North American Datum
1983.
[[Page 15009]]
(1) Race Area. All waters of the Atlantic Ocean located east of
Cocoa Beach encompassed within an imaginary line connecting the
following points: Starting at Point 1 in position 28[deg]22'09'' N,
80[deg]35'52'' W; thence east to Point 2 in position 28[deg]22'08'' N,
80[deg]35'46'' W; thence south to Point 3 in position 28[deg]19'53'' N,
80[deg]36'02'' W; thence west to Point 4 in position 28[deg]19'53'' N,
80[deg]36'08'' W; thence north back to origin.
(2) Buffer Zone. All waters of the Atlantic Ocean located east of
Cocoa Beach, excluding the race area, and encompassed within an
imaginary line connecting the following points: Starting at Point 1 in
position 28[deg]22'16'' N, 80[deg]36'04'' W; thence east to Point 2 in
position 28[deg]22'15'' N, 80[deg]35'39'' W; thence south to Point 3 in
position 28[deg]19'47'' N, 80[deg]35'55'' W; thence west to Point 4 in
position 28[deg]19'47'' N, 80[deg]36'22'' W; thence north back to
origin.
(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 Jacksonville in the enforcement of the regulated
areas.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated areas unless authorized by the Captain of the Port
Jacksonville or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated areas may contact the Captain of the
Port Jacksonville by telephone at 904-564-7501, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated areas is granted by the Captain of the Port Jacksonville
or a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Jacksonville or a designated representative.
(3) 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) Enforcement Date. This rule will be enforced from 9 a.m. until
5:30 p.m. on May 20, 2012.
Dated: February 13, 2012.
C.A. Blomme,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2012-6182 Filed 3-13-12; 8:45 am]
BILLING CODE 9110-04-P