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