Special Local Regulations; Palm Beach World Championship, Atlantic Ocean; Jupiter, FL, 63722-63725 [2012-25646]

Download as PDF 63722 Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. 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. 10. 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 would not create an environmental risk to health or risk to safety that might disproportionately affect children. 11. Indian Tribal Governments 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. erowe on DSK2VPTVN1PROD with 14. 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). Due to potential environmental issues, we conducted an environmental analysis for both the issuance of the marine event permit and the establishment of this special local regulation. After completing the environmental analysis for the issuance of the marine event permit and the establishment of these special local regulations, we have determined these actions will not significantly affect the human environment. This rule is categorically 15:01 Oct 16, 2012 Jkt 229001 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 by telephone at 305–535–4472, or a designated representative via VHF radio on channel 16. If authorization is granted by the Captain of the Port Miami or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Miami or a designated representative. (3) The Coast Guard will provide notice of the regulated area by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. (d) Enforcement Date. This rule will be enforced from 6:45 a.m. until 9:45 a.m. on October 28, 2012. Dated: September 28, 2012. Chris P. Scraba, Captain, U.S. Coast Guard, Captain of the Port Miami. [FR Doc. 2012–25570 Filed 10–16–12; 8:45 am] 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. VerDate Mar<15>2010 excluded from further review under paragraph 34(h) and 35(b) of Figure 2– 1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. 1. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233. 2. Add a temporary § 100.35T07–0559 to read as follows: ■ § 100.35T07–0559 Special Local Regulation; Ironman 70.3 Miami, Biscayne Bay; Miami, FL. (a) Regulated Area. The following regulated area is a special local regulation. All waters of Biscayne Bay located east of Bayfront Park and encompassed within an imaginary line connecting the following points: starting at Point 1 in position 25°46′44″ N, 080°11′00″ W; thence southeast to Point 2 in position 25°46′24″ N, 080°10′44″ W; thence southwest to Point 3 in position 25°46′18″ N, 080°11′05″ W; thence north to Point 4 in position 25°46′33″ N, 080°11′05″ W; thence northeast back to origin. All coordinates are North American Datum 1983. (b) Definition. The term ‘‘designated representative’’ means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port Miami in the enforcement of the regulated area. (c) Regulations. (1) Non-participant persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Miami or a designated representative. (2) Non-participant Persons and vessels may request authorization to enter, transit through, anchor in, or remain within the regulated area by contacting the Captain of the Port Miami PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2012–0721] RIN 1625–AA08 Special Local Regulations; Palm Beach World Championship, Atlantic Ocean; Jupiter, FL Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a special local regulation on the waters of the Atlantic Ocean, between East Indiantown Road and Donald Ross Road, just offshore of Jupiter, Florida during the Palm Beach World Championship, a high speed power boat race. The Palm Beach World Championship is scheduled to take place on Friday, October 19, and Sunday, October 21, 2012. The high speed power boat race event will include approximately 50 high speed power boat participants and 250 spectator vessels. The special local regulation is necessary to provide safety for the participants, spectators, and general public in and near the race area during the event. The special local regulation will encompass the following two areas: a race area, where all persons and vessels, except those persons and vessels participating in or assisting the high speed boat races, are prohibited from entering, transiting through, anchoring in, or remaining within; and SUMMARY: E:\FR\FM\17OCR1.SGM 17OCR1 Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations a spectator area, where vessels are permitted to anchor. DATES: This rule is effective and will be enforced from 11 a.m. until 4 p.m. on October 19, and 11 a.m. until 4 p.m. on October 21, 2012. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2012– 0721. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, inserting USCG– 2012–0721 in the ‘‘SEARCH’’ box, and then clicking ‘‘SEARCH.’’ Click on the 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Junior Grade Mike H. Wu, Sector Miami Prevention Department, Coast Guard; telephone (305) 535–7576, email Mike.H.Wu@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking erowe on DSK2VPTVN1PROD with A. Regulatory History and 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 August 22, 2012. As a result, the Coast Guard did not have sufficient time to publish a 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 VerDate Mar<15>2010 15:01 Oct 16, 2012 Jkt 229001 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. B. Basis and Purpose The legal basis for the rule is the Coast Guard’s authority to establish special local regulations: 33 U.S.C. 1233. The purpose of the rule is to insure safety of life on navigable waters of the United States during the Palm Beach World Championship. C. Discussion of the Final Rule On October 19 and October 21, 2012, Offshore Powerboat Association, Inc. will host the Palm Beach World Championship, a series of high-speed boat races. The event will be held on the waters of the Atlantic Ocean, just offshore of Jupiter, Florida. The high speed power boat race event will include approximately 50 high speed power boat participants and 250 spectator vessels. The special local regulation encompasses certain waters of the Atlantic Ocean, near Jupiter, Florida. The special local regulation will be enforced daily from 11:00 a.m. until 4:00 p.m. on October 19 and October 21, 2012. The special local regulation will encompass the following two areas: (1) A race area, where all persons and vessels, except those persons and vessels participating or assisting in the high speed power boat race event, are prohibited from entering, transiting through, anchoring in, or remaining within; and (2) a spectator area, where vessels are permitted to anchor. Persons and vessels may request authorization to enter, transit through, anchor in, or remain within the race area by contacting the Captain of the Port Miami via telephone at 305–535–4472, or a designated representative via VHF radio on channel 16. If authorization to enter, transit through, anchor in, or remain within the race area is granted by the Captain of the Port Miami or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Miami or a designated representative. The Coast Guard will provide notice of the special local regulation by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 63723 D. 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. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, 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 rule is not significant for the following reasons: (1) The special local regulation will be enforced for only five hours per day over the course of two days, ten hours total; (2) non-participant persons and vessels may enter, transit through, anchor in, or remain within the race area if authorized by the Captain of the Port Miami or a designated representative; (3) non-participant persons and vessels not able to enter, transit through, anchor in, or remain within the race area may operate in the surrounding area during the enforcement periods; and (4) the Coast Guard will provide advance notification of the special local regulation to the local maritime community by Local Notice to Mariners and Broadcast Notice to Mariners. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule may affect the following entities, some of which may be small entities: The owners or operators of vessels intending to enter, transit through, anchor in, or remain within that portion of the Atlantic Ocean encompassed within the special local regulation from 11 a.m. until 4 p.m. on E:\FR\FM\17OCR1.SGM 17OCR1 63724 Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations October 19, and 11 a.m. until 4 p.m. October 21, 2012. 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. 3. 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. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. 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. 4. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). 5. 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. erowe on DSK2VPTVN1PROD with 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. VerDate Mar<15>2010 15:01 Oct 16, 2012 Jkt 229001 7. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. 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. 9. 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. 10. 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. 11. 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. 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this rule under Department of Homeland Security PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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). This rule involves special local regulations issued in conjunction with a marine event. An Environmental Analysis was prepared and addressed both the issuance of the marine event permit and the establishment of the special local regulation. Both the Environmental Analysis and the accompanying Finding Of No Significant Impact (‘‘FONSI’’) are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from 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. 2. Add temporary § 100.35T07–0721 to read as follows: ■ § 100.35T07–0721 Special Local Regulations; Palm Beach World Championship, Atlantic Ocean, Jupiter, FL. (a) Regulated areas. The following regulated areas are established as a special local regulation. All coordinates are North American Datum 1983. (1) Race area. All waters of the Atlantic Ocean east of Jupiter, FL encompassed within an imaginary line connecting the following points: starting at Point 1 in position 26°56′06″ N, 80°04′06″ W; thence northeast to Point 2 in position 26°56′11″ N, 80°03′38″ W; thence southeast to Point 3 in 26°53′11″ N, 80°02′35″ W; thence southwest to Point 4 in position 26°53′03″ N, 80°03′06″ W; thence northwest back to origin. All persons or vessels, except those persons or vessels participating in or assisting in the high speed power boat race event, are prohibited from entering, transiting through, anchoring in, or remaining within the race area without authorization from the Captain of the Port Miami or a designated representative. (2) Spectator area. All waters of the Atlantic Ocean east of Jupiter, FL and east of the race area, encompassed within an imaginary line connecting the E:\FR\FM\17OCR1.SGM 17OCR1 Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations following points: starting at Point 1 in position 26°55′46″ N, 80°03′30″ W; thence northeast to Point 2 in position 26°55′48″ N, 80°03′22″ W; thence southeast to Point 3 in 26°53′58″ N, 80°02′44″ W; thence southwest to Point 4 in position 26°53′56″ N, 80°02′51″ W; thence northwest back to origin. Vessels are permitted to anchor in this area. (b) Definition. The term ‘‘designated representative’’ means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port Miami in the enforcement of the regulated areas. (c) Regulations. (1) Persons and vessels desiring to enter, transit through, anchor in, or remain within the race area may contact the Captain of the Port Miami by telephone at 305–535–4472, or a designated representative via VHF radio on channel 16, to seek authorization. If authorization to enter, transit through, anchor in, or remain within the regulated area is granted by the Captain of the Port Miami or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Miami or a designated representative. (2) The Coast Guard will provide notice of the regulated areas by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. (c) Enforcement date. This rule will be enforced from 11 a.m. until 4 p.m. on October 19, and from 11 a.m. until 4 p.m. on October 21, 2012. Dated: October 2, 2012. C. P. Scraba, Captain, U.S. Coast Guard, Captain of the Port Miami. [FR Doc. 2012–25646 Filed 10–16–12; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard The temporary deviation published on September 21, 2012 (77 FR 58491) is cancelled as of October 17, 2012. [Docket No. USCG–2012–0628] DATES: The docket for this cancelled deviation is 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. You may also find this docket on the Internet by going to http://www.regulations.gov, inserting USCG–2012–0808 in the ‘‘Keyword’’ box and then clicking ‘‘Search’’. ADDRESSES: If you have questions on this rule, call or email David H. Sulouff, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510–437–3516, email David.H.Sulouff@uscg.mil. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: A. Basis and Purpose On September 21, 2012, we published a temporary deviation entitled ‘‘Drawbridge Operation Regulation; Old River, Orwood CA’’ in the Federal Register (77 FR 58491). The temporary deviation concerned the Burlington Northern & Santa Fe Railroad (BNSF) Drawbridge across Old River, mile 10.4, at Orwood, CA. The deviation was to allow the bridge owner to perform essential mechanical repairs while the bridge remained in the closed-tonavigation position from 8 a.m. October 22, 2012 to 4 p.m. on October 26, 2012. This deviation from the operating regulations was authorized under 33 CFR 117.35. The temporary deviation is canceled due the unexpected unavailability of an alternative path for navigation during the proposed times and dates of the repair work. [Docket No. USCG–2012–0808] Drawbridge Operation Regulations; Old River, Orwood, CA Coast Guard, DHS. Notice of cancellation of a temporary deviation from regulations. AGENCY: ACTION: erowe on DSK2VPTVN1PROD with DEPARTMENT OF HOMELAND SECURITY B. Cancellation 33 CFR Part 117 The Coast Guard is canceling the temporary deviation concerning the Burlington Northern & Santa Fe SUMMARY: VerDate Mar<15>2010 Railroad (BNSF) Drawbridge across Old River, mile 10.4, at Orwood, CA. This cancellation was requested by the bridge owner due to their inability to operate the BNSF Middle River drawbridge as an alternative path for navigation. 15:01 Oct 16, 2012 Jkt 229001 63725 Dated: October 5, 2012. D.H. Sulouff, District Bridge Chief, Eleventh Coast Guard District. [FR Doc. 2012–25539 Filed 10–16–12; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 Coast Guard 33 CFR Part 117 RIN 1625–AA09 Drawbridge Operation Regulation; Atlantic Intracoastal Waterway (AIWW), Newport River, Morehead City, NC Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is temporarily changing the operating schedule that governs the Carolina Coastal Railroad Bridge, at AIWW mile 203.8, across Newport River in Morehead City, NC. This bridge is presently maintained in the open position except when closure is necessary for train crossings. This change would allow the bridge to remain closed at night so that necessary repairs may be made while still providing for the reasonable needs of navigation. DATES: This temporary final rule is effective from 5 a.m. on October 17, 2012 to 8:30 p.m. on October 1, 2013. ADDRESSES: Comments and related materials received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2009– 0628 and are available online by going to www.regulations.gov, and inserting USCG–2012–0628 in the ‘‘Keyword’’ box, and then clicking ‘‘Search’’. This material is also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Terrance A. Knowles, Environmental Protection Specialist, Fifth Coast Guard District, at telephone (757) 398–6587, email terrance.a.knowles@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: SUMMARY: Table of Acronyms CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register U.S.C United States Code E:\FR\FM\17OCR1.SGM 17OCR1

Agencies

[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Rules and Regulations]
[Pages 63722-63725]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25646]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0721]
RIN 1625-AA08


Special Local Regulations; Palm Beach World Championship, 
Atlantic Ocean; Jupiter, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a special local regulation on 
the waters of the Atlantic Ocean, between East Indiantown Road and 
Donald Ross Road, just offshore of Jupiter, Florida during the Palm 
Beach World Championship, a high speed power boat race. The Palm Beach 
World Championship is scheduled to take place on Friday, October 19, 
and Sunday, October 21, 2012. The high speed power boat race event will 
include approximately 50 high speed power boat participants and 250 
spectator vessels. The special local regulation is necessary to provide 
safety for the participants, spectators, and general public in and near 
the race area during the event. The special local regulation will 
encompass the following two areas: a race area, where all persons and 
vessels, except those persons and vessels participating in or assisting 
the high speed boat races, are prohibited from entering, transiting 
through, anchoring in, or remaining within; and

[[Page 63723]]

a spectator area, where vessels are permitted to anchor.

DATES: This rule is effective and will be enforced from 11 a.m. until 4 
p.m. on October 19, and 11 a.m. until 4 p.m. on October 21, 2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2012-0721. To view documents 
mentioned in this preamble as being available in the docket, go to 
http://www.regulations.gov, inserting USCG-2012-0721 in the ``SEARCH'' 
box, and then clicking ``SEARCH.'' Click on the 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade Mike H. Wu, Sector Miami 
Prevention Department, Coast Guard; telephone (305) 535-7576, email 
Mike.H.Wu@uscg.mil. If you have questions on viewing the docket, call 
Renee V. Wright, Program Manager, Docket Operations, telephone (202) 
366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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 August 22, 2012. As a 
result, the Coast Guard did not have sufficient time to publish a 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.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish special local regulations: 33 U.S.C. 1233. The purpose of the 
rule is to insure safety of life on navigable waters of the United 
States during the Palm Beach World Championship.

C. Discussion of the Final Rule

    On October 19 and October 21, 2012, Offshore Powerboat Association, 
Inc. will host the Palm Beach World Championship, a series of high-
speed boat races. The event will be held on the waters of the Atlantic 
Ocean, just offshore of Jupiter, Florida. The high speed power boat 
race event will include approximately 50 high speed power boat 
participants and 250 spectator vessels.
    The special local regulation encompasses certain waters of the 
Atlantic Ocean, near Jupiter, Florida. The special local regulation 
will be enforced daily from 11:00 a.m. until 4:00 p.m. on October 19 
and October 21, 2012. The special local regulation will encompass the 
following two areas: (1) A race area, where all persons and vessels, 
except those persons and vessels participating or assisting in the high 
speed power boat race event, are prohibited from entering, transiting 
through, anchoring in, or remaining within; and (2) a spectator area, 
where vessels are permitted to anchor. Persons and vessels may request 
authorization to enter, transit through, anchor in, or remain within 
the race area by contacting the Captain of the Port Miami via telephone 
at 305-535-4472, or a designated representative via VHF radio on 
channel 16. If authorization to enter, transit through, anchor in, or 
remain within the race area is granted by the Captain of the Port Miami 
or a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Miami or a designated representative. The Coast Guard will provide 
notice of the special local regulation by Local Notice to Mariners, 
Broadcast Notice to Mariners, and on-scene designated representatives.

D. 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.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, 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 rule is not significant for the 
following reasons: (1) The special local regulation will be enforced 
for only five hours per day over the course of two days, ten hours 
total; (2) non-participant persons and vessels may enter, transit 
through, anchor in, or remain within the race area if authorized by the 
Captain of the Port Miami or a designated representative; (3) non-
participant persons and vessels not able to enter, transit through, 
anchor in, or remain within the race area may operate in the 
surrounding area during the enforcement periods; and (4) the Coast 
Guard will provide advance notification of the special local regulation 
to the local maritime community by Local Notice to Mariners and 
Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rule may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to enter, 
transit through, anchor in, or remain within that portion of the 
Atlantic Ocean encompassed within the special local regulation from 11 
a.m. until 4 p.m. on

[[Page 63724]]

October 19, and 11 a.m. until 4 p.m. October 21, 2012. 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.

3. 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. If the rule would affect your small 
business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. 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.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or Tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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). This rule involves 
special local regulations issued in conjunction with a marine event. An 
Environmental Analysis was prepared and addressed both the issuance of 
the marine event permit and the establishment of the special local 
regulation. Both the Environmental Analysis and the accompanying 
Finding Of No Significant Impact (``FONSI'') are available in the 
docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add temporary Sec.  100.35T07-0721 to read as follows:


Sec.  100.35T07-0721  Special Local Regulations; Palm Beach World 
Championship, Atlantic Ocean, Jupiter, FL.

    (a) Regulated areas. The following regulated areas are established 
as a special local regulation. All coordinates are North American Datum 
1983.
    (1) Race area. All waters of the Atlantic Ocean east of Jupiter, FL 
encompassed within an imaginary line connecting the following points: 
starting at Point 1 in position 26[deg]56'06'' N, 80[deg]04'06'' W; 
thence northeast to Point 2 in position 26[deg]56'11'' N, 
80[deg]03'38'' W; thence southeast to Point 3 in 26[deg]53'11'' N, 
80[deg]02'35'' W; thence southwest to Point 4 in position 
26[deg]53'03'' N, 80[deg]03'06'' W; thence northwest back to origin. 
All persons or vessels, except those persons or vessels participating 
in or assisting in the high speed power boat race event, are prohibited 
from entering, transiting through, anchoring in, or remaining within 
the race area without authorization from the Captain of the Port Miami 
or a designated representative.
    (2) Spectator area. All waters of the Atlantic Ocean east of 
Jupiter, FL and east of the race area, encompassed within an imaginary 
line connecting the

[[Page 63725]]

following points: starting at Point 1 in position 26[deg]55'46'' N, 
80[deg]03'30'' W; thence northeast to Point 2 in position 
26[deg]55'48'' N, 80[deg]03'22'' W; thence southeast to Point 3 in 
26[deg]53'58'' N, 80[deg]02'44'' W; thence southwest to Point 4 in 
position 26[deg]53'56'' N, 80[deg]02'51'' W; thence northwest back to 
origin. Vessels are permitted to anchor in this area.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Miami in the enforcement of the regulated areas.
    (c) Regulations. (1) Persons and vessels desiring to enter, transit 
through, anchor in, or remain within the race area may contact the 
Captain of the Port Miami by telephone at 305-535-4472, or a designated 
representative via VHF radio on channel 16, to seek authorization. If 
authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted by the Captain of the Port Miami or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Miami or a designated representative.
    (2) The Coast Guard will provide notice of the regulated areas by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (c) Enforcement date. This rule will be enforced from 11 a.m. until 
4 p.m. on October 19, and from 11 a.m. until 4 p.m. on October 21, 
2012.

    Dated: October 2, 2012.
C. P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2012-25646 Filed 10-16-12; 8:45 am]
BILLING CODE 9110-04-P