Special Local Regulations; Third Annual Space Coast Super Boat Grand Prix, Atlantic Ocean; Cocoa Beach, FL, 25574-25577 [2013-10226]
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25574
Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Rules and Regulations
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.
10. 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.
11. 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.
12. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
13. Environment
emcdonald on DSK67QTVN1PROD with RULES
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a special local
regulation issued in conjunction with a
regatta or marine parade, and, therefore
it is categorically excluded from further
review under paragraph 34(h) of Figure
2–1 of the Commandant Instruction.
During the annual permitting process
for this event an environmental analysis
was conducted, and thus, no
preliminary environmental analysis
checklist or Categorical Exclusion
Determination (CED) are required for
this rulemaking action.
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:
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13:01 May 01, 2013
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PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Dated: April 18, 2013.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2013–10319 Filed 5–1–13; 8:45 am]
BILLING CODE 9110–04–P
Authority: 33 U.S.C. 1233.
2. Add § 100.T09–0287 to read as
follows:
■
§ 100.T09–0287 Special Local Regulation;
Wy-Hi Rowing Regatta, Wyandotte, MI.
(a) Regulated area. A regulated area is
established to include all waters of the
Trenton Channel in the Detroit River,
Wyandotte, Michigan, starting at a point
on land at position 42°10′58″ N,
083°9′23″ W; following the Trenton
Channel north to position 42°11′44″ N,
083°8′56″ W. All geographic coordinates
are North American Datum of 1983
(NAD 83). Two thirds of the Trenton
Channel on the western portion of the
regulated area, from the Wyandotte
shoreline to a point approximately 670
feet east into the channel, will be
designated as the race zone, while the
remaining third portion on the eastern
side of the of the regulated area,
approximately 330 feet in width, will be
designated as a buffer zone.
(b) Effective and enforcement period.
This regulation is effective and will be
enforced from 7:30 a.m. until 5 p.m. on
May 4, 2013.
(c) Regulations. (1) No vessel may
enter, transit through, or anchor within
the race zone of the regulated area
unless authorized by the Captain of the
Port Detroit, or his designated on-scene
representative.
(2) Vessels may enter and transit
through the buffer zone on the eastern
side of regulated area at no-wake speed
with the authorization of the Captain of
the Port or his designated on scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Sector Detroit is
any Coast Guard commissioned, warrant
or petty officer or a Federal, State, or
local law enforcement officer designated
by or assisting the Captain of the Port,
Sector Detroit to act on his behalf.
(4) Vessel operators desiring to enter
or operate within the regulated area
shall contact the Coast Guard Patrol
Commander to obtain permission to do
so. The Captain of the Port, Sector
Detroit or his on-scene representative
may be contacted via VHF Channel 16
or at 313–568–9464. Vessel operators
given permission to enter or operate in
the security zones must comply with all
directions given to them by the Captain
of the Port, Sector Detroit, or his onscene representative.
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2013–0071]
RIN 1625–AA08
Special Local Regulations; Third
Annual Space Coast Super Boat Grand
Prix, Atlantic Ocean; Cocoa Beach, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a special local regulation on
the waters of the Atlantic Ocean east of
Cocoa Beach, Florida during the Space
Coast Super Boat Grand Prix, a series of
high-speed boat races. The event is
scheduled to take place on Saturday and
Sunday, May 18–19, 2013, and
approximately 30 high-speed race boats
are anticipated to participate in the
races, and approximately 200 spectator
vessels are expected to attend the event.
This special local regulation is
necessary to provide for the safety of life
on navigable waters of the United States
during the races.
DATES: This rule is effective from 9 a.m.
on May 18, 2013, until 5:30 p.m. on May
19, 2013. This rule will be enforced
from 9 a.m. until 5:30 p.m. daily on May
18, 2013, and May 19, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0071. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘Keyword’’ box, and then
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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
final rule, call or email Lieutenant
Commander Robert Butts, Sector
Jacksonville Office of Waterways
Management, Coast Guard; telephone
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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 purpose of the rule is to ensure
safety of life on navigable waters of the
United States during the Space Coast
Super Boat Grand Prix.
(904) 564–7563, email
Robert.S.Butts@uscg.mil. If you have
questions on viewing the docket, call
Barbara Hairston, 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
emcdonald on DSK67QTVN1PROD with RULES
A. Regulatory History and Information
The Coast Guard is issuing this 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 it is
impracticable to do so. The Coast Guard
did not receive information regarding
this race with sufficient time to
administratively process both an NPRM
and a final rule.
Under 5 U.S.C. 553(d)(3), for the
reasons stated above, the Coast Guard
finds that good cause exists for making
this rule effective less than 30 days after
publication in the Federal Register. The
Coast Guard did not receive the
information for this event until it was
too late to allow for a 30-day delayed
effective date. Additionally, this event
involves approximately 30 participant
vessels and 200 spectator vessels. Due to
the inherent dangers involved with a
high-speed race and the number of
vessels involved, it is in the best interest
of the public to have a regulation in
place and to not delay its effective date.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 33 U.S.C. 1231; 46
U.S.C. chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, 160.5; Public Law 107–295, 116
Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
On Saturday and Sunday, May 18–19,
2013, Super Boat International
Productions, Inc. will host the 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.
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C. Discussion of the Final Rule
The special local regulation will
encompass certain waters of the Atlantic
Ocean east of Cocoa Beach, Florida. The
special local regulation will be enforced
from 9 a.m. until 5:30 p.m., May 18–19,
2013. The special local regulation will
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 may
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) 564–7513, 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 must
comply with the instructions of the
Captain of the Port Jacksonville or a
designated representative. The Coast
Guard will provide notice of the special
local regulations 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 these statutes and 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
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25575
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 17 hours over the
course of two days; (2) although nonparticipant persons and vessels will 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 may
operate in the surrounding area during
the enforcement period; (3) nonparticipant persons and vessels may still
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
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 9 a.m. until 5:30 p.m. on
May 18–19, 2013.
For the reasons discussed in the
Executive Order 12866 and Executive
Order 13563 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 want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
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Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Rules and Regulations
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, 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 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
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
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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.
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8. Taking of Private Property
This rule will 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.
review under paragraph 34(h) and 35(b)
of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist and a categorical exclusion
determination supporting this
determination are not required for this
rule.
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.
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
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), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a special local
regulation issued in conjunction with a
regatta or marine parade. This rule is
categorically excluded from further
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PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.35T07–0071 to read as
follows:
■
§ 100.35T07–0071 Special Local
Regulations; Space Coast Super Boat
Grand Prix, Atlantic Ocean; Cocoa Beach,
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 located east of Cocoa
Beach encompassed within an
imaginary line connecting the following
points: starting at Point 1 in position
28°22′10″ N, 80°35′51″ W; thence east to
Point 2 in position 28°22′10″ N,
80°35′47″ W; thence south to Point 3 in
position 28°19′54″ N, 80°36′02″ W;
thence west to Point 4 in position
28°19′54″ N, 80°36′08″ W; thence north
back to origin. Only authorized race
participants may enter the race area.
(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. Only vessels enforcing the buffer
zone and authorized race participants
transiting to the race area may enter the
buffer zone.
(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
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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 Race Area unless an
authorized race participant.
(2) All persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within Buffer Zone except for those
vessels enforcing the buffer zone or
authorized race participants transiting
to the race area.
(3) Vessels that are neither
participating in the race or enforcing the
buffer zone are prohibited from entering
the regulated areas unless authorized by
the Captain of the Port Jacksonville or
a designated representative.
(4) 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–
7513, 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.
(5) 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 18–19, 2013.
SUMMARY: The Coast Guard is
establishing a safety zone on the
navigable waters of Figure Eight
Causeway Channel, Figure Eight Island,
NC in support of the fireworks display
for a private wedding. This action is
necessary to protect the life and
property of the maritime public and
spectators from the hazards posed by
aerial fireworks displays. Entry into or
movement within this safety zone
during the enforcement period is
prohibited without approval of the
Captain of the Port.
DATES: This rule will be effective from
8 p.m. until 11 p.m. on May 31, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0258]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email BOSN4 Joseph M. Edge, Coast
Guard Sector North Carolina, Coast
Guard; telephone (252) 247–4525, email
Joseph.M.Edge@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Dated: April 18, 2013.
T.G. Allan, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Jacksonville.
Table of Acronyms
[FR Doc. 2013–10226 Filed 5–1–13; 8:45 am]
BILLING CODE 9110–04–P
A. Regulatory History and Information
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
emcdonald on DSK67QTVN1PROD with RULES
[Docket No. USCG–2013–0258]
RIN 1625–AA00
Safety Zone, Figure Eight Causeway
Channel; Figure Eight Island, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
VerDate Mar<15>2010
13:01 May 01, 2013
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Jkt 229001
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
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25577
final details for this event were not
provided to the Coast Guard until April
10, 2013. As such, it is impracticable to
provide a full comment period due to
lack of time.
Under 5 U.S.C. 553(d)(3), for the same
reasons as discussed above, the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date for
comment would impracticable and
contrary to the public interest, since
immediate action is needed to ensure
the safety of the event participants,
patrol vessels, spectator craft, and other
vessels transiting the event area. The
Coast Guard will provide advance
notifications to users of the affected
waterways of the safety zone via marine
information broadcasts, local notice to
mariners, commercial radio stations,
and area newspapers.
B. Basis and Purpose
On May 31, 2013, East Coast
Pyrotechnics will provide a fireworks
display in support of a private wedding
over the waters of the Figure Eight
Causeway Channel. The fireworks will
be launched from the southern shore of
Figure Eight Causeway Channel. The
fireworks debris fallout area will extend
over the navigable waters of Figure
Eight Causeway Channel. Due to the
need to protect mariners and spectators
from the hazards associated with the
fireworks display, including accidental
discharge of fireworks, dangerous
projectiles, and falling hot embers or
other debris, vessel traffic will be
temporarily restricted from transiting
within fireworks launch and fallout
area.
C. Discussion of the Final Rule
The Coast Guard is establishing a
safety zone on the navigable waters of
Figure Eight Island Channel in Figure
Eight Island, NC. The regulated area of
this safety zone includes all water of the
Figure Eight Island Channel from
latitude 34°16′32″ N, longitude
077°45′32″ W, thence east along the
marsh to a position located at latitude
34°16′19″ N, longitude 077°44′55″ W,
thence south to the causeway at position
latitude 34°16′16″ N, longitude
077°44′58″ W, thence west along the
shoreline to position latitude 34°16′29″
N, longitude 077°45′34″ W, thence back
to the point of origin.
This safety zone will be effective from
8 p.m. to 11 p.m. on May 31, 2013. In
the interest of public safety, general
navigation within the safety zone will
be restricted during the specified date
and times. Except for participants and
vessels authorized by the Coast Guard
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]]>Agencies
[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Rules and Regulations]
[Pages 25574-25577]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10226]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2013-0071]
RIN 1625-AA08
Special Local Regulations; Third Annual Space Coast Super Boat
Grand Prix, Atlantic Ocean; Cocoa Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of the Atlantic Ocean east of Cocoa Beach, Florida during
the Space Coast Super Boat Grand Prix, a series of high-speed boat
races. The event is scheduled to take place on Saturday and Sunday, May
18-19, 2013, and approximately 30 high-speed race boats are anticipated
to participate in the races, and approximately 200 spectator vessels
are expected to attend the event. This special local regulation is
necessary to provide for the safety of life on navigable waters of the
United States during the races.
DATES: This rule is effective from 9 a.m. on May 18, 2013, until 5:30
p.m. on May 19, 2013. This rule will be enforced from 9 a.m. until 5:30
p.m. daily on May 18, 2013, and May 19, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0071. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``Keyword'' box, and then 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Lieutenant Commander Robert Butts,
Sector Jacksonville Office of Waterways Management, Coast Guard;
telephone
[[Page 25575]]
(904) 564-7563, email Robert.S.Butts@uscg.mil. If you have questions on
viewing the docket, call Barbara Hairston, 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 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 it is impracticable to do so. The
Coast Guard did not receive information regarding this race with
sufficient time to administratively process both an NPRM and a final
rule.
Under 5 U.S.C. 553(d)(3), for the reasons stated above, the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register. The Coast Guard
did not receive the information for this event until it was too late to
allow for a 30-day delayed effective date. Additionally, this event
involves approximately 30 participant vessels and 200 spectator
vessels. Due to the inherent dangers involved with a high-speed race
and the number of vessels involved, it is in the best interest of the
public to have a regulation in place and to not delay its effective
date.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
On Saturday and Sunday, May 18-19, 2013, Super Boat International
Productions, Inc. will host the 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 purpose of the rule is to ensure safety of life on navigable
waters of the United States during the Space Coast Super Boat Grand
Prix.
C. Discussion of the Final Rule
The special local regulation will encompass certain waters of the
Atlantic Ocean east of Cocoa Beach, Florida. The special local
regulation will be enforced from 9 a.m. until 5:30 p.m., May 18-19,
2013. The special local regulation will 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 may 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) 564-7513, 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 must comply with the instructions of the Captain of the
Port Jacksonville or a designated representative. The Coast Guard will
provide notice of the special local regulations 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 these statutes and 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 17 hours over the course of two days; (2) although non-
participant persons and vessels will 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 may operate in the surrounding area
during the enforcement period; (3) non-participant persons and vessels
may still 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
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 9
a.m. until 5:30 p.m. on May 18-19, 2013.
For the reasons discussed in the Executive Order 12866 and
Executive Order 13563 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 want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental
[[Page 25576]]
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, 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 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
INTFORMATION 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 cause 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), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves the establishment of a special local regulation issued in
conjunction with a regatta or marine parade. This rule is categorically
excluded from further review under paragraph 34(h) and 35(b) of Figure
2-1 of the Commandant Instruction. An environmental analysis checklist
and a categorical exclusion determination supporting this determination
are not required for this rule.
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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 Sec. 100.35T07-0071 to read as follows:
Sec. 100.35T07-0071 Special Local Regulations; Space Coast Super Boat
Grand Prix, Atlantic Ocean; Cocoa Beach, 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 located east of
Cocoa Beach encompassed within an imaginary line connecting the
following points: starting at Point 1 in position 28[deg]22'10'' N,
80[deg]35'51'' W; thence east to Point 2 in position 28[deg]22'10'' N,
80[deg]35'47'' W; thence south to Point 3 in position 28[deg]19'54'' N,
80[deg]36'02'' W; thence west to Point 4 in position 28[deg]19'54'' N,
80[deg]36'08'' W; thence north back to origin. Only authorized race
participants may enter the race area.
(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. Only vessels enforcing the buffer zone and authorized race
participants transiting to the race area may enter the buffer zone.
(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
[[Page 25577]]
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 Race
Area unless an authorized race participant.
(2) All persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within Buffer Zone
except for those vessels enforcing the buffer zone or authorized race
participants transiting to the race area.
(3) Vessels that are neither participating in the race or enforcing
the buffer zone are prohibited from entering the regulated areas unless
authorized by the Captain of the Port Jacksonville or a designated
representative.
(4) 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) 564-7513, 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.
(5) 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 18-19, 2013.
Dated: April 18, 2013.
T.G. Allan, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2013-10226 Filed 5-1-13; 8:45 am]
BILLING CODE 9110-04-P
