Special Local Regulations; Daytona Beach Grand Prix of the Sea, Atlantic Ocean; Daytona Beach, FL, 33969-33971 [2013-13423]

Download as PDF Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations Order 1050.1E, ‘‘Environmental Impacts: Policies and Procedures,’’ paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. Lists of Subjects in 14 CFR Part 71: DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG–2013–0250] RIN 1625–AA08 Airspace, Incorporation by reference, Navigation (air). Special Local Regulations; Daytona Beach Grand Prix of the Sea, Atlantic Ocean; Daytona Beach, FL Adoption of the Amendment AGENCY: In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: SUMMARY: PART 71—DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9V, Airspace Designations and Reporting Points, dated August 8, 2012, effective September 15, 2012, is amended as follows: ■ Paragraph 6005 Class E Airspace Areas Extending Upward from 700 feet or More Above the Surface of the Earth. * * * ASO FL E5 * * Boca Grande, FL [New] Boca Grande Heliport, FL (Lat. 26°44′33″ N., long. 82°15′32″ W.) Point in Space Coordinates (Lat. 26°44′22″ N., long. 82°14′50″ W.) That airspace extending upward from 700 feet above the surface within a 6-mile radius of the Point in Space Coordinates (lat. 26°44′22″ N., long. 82°14′50″ W.) serving Boca Grande Heliport. erowe on DSK2VPTVN1PROD with RULES Issued in College Park, Georgia, on May 28, 2013. Jackson D. Allen, Acting Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization. [FR Doc. 2013–13106 Filed 6–5–13; 8:45 am] BILLING CODE 4910–13–P VerDate Mar<15>2010 15:07 Jun 05, 2013 Jkt 229001 Coast Guard, DHS. ACTION: Temporary final rule. The Coast Guard is establishing a special local regulation on the waters of the Atlantic Ocean east of Daytona Beach, Florida, during the Daytona Beach Grand Prix of the Sea, a series of high-speed boat races. The event is scheduled to take place on Friday through Sunday, June 14–16, 2013. Approximately 40 high-speed race boats are anticipated to participate in the races, and approximately 25 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. The special local regulation consists of the following two areas: a race area, where all persons and vessels, except those participating in the high-speed boat races, are prohibited from entering, transiting, anchoring, or remaining; and a buffer zone around the race area, where all persons and vessels, except those enforcing the buffer zone, are prohibited from entering, transiting, anchoring, or remaining unless authorized by the Captain of the Port Jacksonville or a designated representative. DATES: This rule is effective from 9 a.m. on June 14, 2013, until 4 p.m. on June 16, 2013. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2013–0250. To view documents mentioned in this preamble as being available in the docket, go to http:// 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 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 33969 Commander Robert Butts, Sector Jacksonville Office of Waterways Management, Coast Guard; telephone (904) 564–7563, email Robert.S.Butts@uscg.mil. If you have questions on viewing 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 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 regarding the event with sufficient time to publish an NPRM and to receive public comments prior to the event. Any delay in the effective date of this rule would be contrary to the public interest because immediate action is needed to minimize potential danger to race boat participants, participant race craft, spectators, and the general public. 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. 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 ensure safety of life on navigable waters of the United States during the Daytona Beach Grand Prix of the Sea. C. Discussion of the Final Rule On Friday through Sunday, June 14– 16, 2013, Powerboat P1–USA will host the Daytona Beach Grand Prix of the Sea, a series of high-speed boat races. The event will be held on the waters of the Atlantic Ocean east of Daytona Beach, Florida. Approximately 40 highspeed power boats are anticipated to participate in the races. It is anticipated E:\FR\FM\06JNR1.SGM 06JNR1 33970 Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations that at least 25 spectator vessels will be present during the event. The special local regulation will encompass certain waters of the Atlantic Ocean east of Daytona Beach, Florida. The special local regulation will be enforced daily from 9 a.m. until 4 p.m., on June 14 to 16, 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. erowe on DSK2VPTVN1PROD with RULES 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 VerDate Mar<15>2010 15:07 Jun 05, 2013 Jkt 229001 enforced for only 21 hours over the course of three 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 waters encompassed within the special local regulation during the daily enforcement period of 9 a.m. until 4 p.m. on June 14 to 16, 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 jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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 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 cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and E:\FR\FM\06JNR1.SGM 06JNR1 Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations 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. erowe on DSK2VPTVN1PROD with RULES 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 supporting this determination and a Categorical Exclusion VerDate Mar<15>2010 15:07 Jun 05, 2013 Jkt 229001 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. 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 a temporary § 100.35T07–0250 to read as follows: ■ § 100.35T07–0250 Special Local Regulations; Daytona Beach Grand Prix of the Sea, Atlantic Ocean; Daytona Beach, FL. (a) Regulated Areas. The following regulated areas are established. All coordinates are North American Datum 1983. (1) Race Area. All waters of the Atlantic Ocean located east of Daytona Beach encompassed within an imaginary line connecting the following points: starting at Point 1 in position 29°14′60″ N, 81°00′77″ W; thence east to Point 2 in position 29°14′78″ N, 80°59′80″ W; thence south to Point 3 in position 28°13′86″ N, 80°59′76″ W; thence west to Point 4 in position 29°13′68″ N, 81°00′28″ W; thence north back to origin. (2) Buffer Zone. All waters of the Atlantic Ocean located east of Daytona Beach, excluding the race area, and encompassed within an imaginary line connecting the following points: starting at Point 1 in position 29°14′54″ N, 80°00′77″ W; thence east to Point 2 in position 29°14′72″ N, 81°00′23″ W; thence south to Point 3 in position 29°13′91″ N, 80°59′84″ W; thence west to Point 4 in position 29°13′70″ N, 81°00′34″ W; thence north back to origin. (b) Definition. The term ‘‘designated representative’’ means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port Jacksonville in the enforcement of the regulated areas. (c) Regulations. (1) All persons and vessels are prohibited from entering, transiting through, anchoring in, or PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 33971 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 nor 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 4 p.m. daily on June 14 to 16, 2013. Dated: May 24, 2013. T.G. Allan, Jr., Captain, U. S. Coast Guard, Captain of the Port Jacksonville. [FR Doc. 2013–13423 Filed 6–5–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2012–0911] Drawbridge Operation Regulation; City Waterway Also Known as Thea Foss Waterway, Tacoma, WA Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the South 11th Street (‘‘Murray Morgan’’) Bridge across the City Waterway also known as the SUMMARY: E:\FR\FM\06JNR1.SGM 06JNR1

Agencies

[Federal Register Volume 78, Number 109 (Thursday, June 6, 2013)]
[Rules and Regulations]
[Pages 33969-33971]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13423]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2013-0250]
RIN 1625-AA08


Special Local Regulations; Daytona Beach Grand Prix of the Sea, 
Atlantic Ocean; Daytona Beach, 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 east of Daytona Beach, Florida, during 
the Daytona Beach Grand Prix of the Sea, a series of high-speed boat 
races. The event is scheduled to take place on Friday through Sunday, 
June 14-16, 2013. Approximately 40 high-speed race boats are 
anticipated to participate in the races, and approximately 25 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. The special local regulation 
consists of the following two areas: a race area, where all persons and 
vessels, except those participating in the high-speed boat races, are 
prohibited from entering, transiting, anchoring, or remaining; and a 
buffer zone around the race area, where all persons and vessels, except 
those enforcing the buffer zone, are prohibited from entering, 
transiting, anchoring, or remaining unless authorized by the Captain of 
the Port Jacksonville or a designated representative.

DATES: This rule is effective from 9 a.m. on June 14, 2013, until 4 
p.m. on June 16, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0250. To view documents mentioned in this preamble as being 
available in the docket, go to http://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 (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 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 regarding the event with sufficient time to 
publish an NPRM and to receive public comments prior to the event. Any 
delay in the effective date of this rule would be contrary to the 
public interest because immediate action is needed to minimize 
potential danger to race boat participants, participant race craft, 
spectators, and the general public.
    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.

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 ensure safety of life on navigable waters of the United 
States during the Daytona Beach Grand Prix of the Sea.

C. Discussion of the Final Rule

    On Friday through Sunday, June 14-16, 2013, Powerboat P1-USA will 
host the Daytona Beach Grand Prix of the Sea, a series of high-speed 
boat races. The event will be held on the waters of the Atlantic Ocean 
east of Daytona Beach, Florida. Approximately 40 high-speed power boats 
are anticipated to participate in the races. It is anticipated

[[Page 33970]]

that at least 25 spectator vessels will be present during the event.
    The special local regulation will encompass certain waters of the 
Atlantic Ocean east of Daytona Beach, Florida. The special local 
regulation will be enforced daily from 9 a.m. until 4 p.m., on June 14 
to 16, 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 21 hours over the course of three 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 waters 
encompassed within the special local regulation during the daily 
enforcement period of 9 a.m. until 4 p.m. on June 14 to 16, 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 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 
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 cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and

[[Page 33971]]

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 
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.

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


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2. Add a temporary Sec.  100.35T07-0250 to read as follows:


Sec.  100.35T07-0250  Special Local Regulations; Daytona Beach Grand 
Prix of the Sea, Atlantic Ocean; Daytona Beach, FL.

    (a) Regulated Areas. The following regulated areas are established. 
All coordinates are North American Datum 1983.
    (1) Race Area. All waters of the Atlantic Ocean located east of 
Daytona Beach encompassed within an imaginary line connecting the 
following points: starting at Point 1 in position 29[deg]14'60'' N, 
81[deg]00'77'' W; thence east to Point 2 in position 29[deg]14'78'' N, 
80[deg]59'80'' W; thence south to Point 3 in position 28[deg]13'86'' N, 
80[deg]59'76'' W; thence west to Point 4 in position 29[deg]13'68'' N, 
81[deg]00'28'' W; thence north back to origin.
    (2) Buffer Zone. All waters of the Atlantic Ocean located east of 
Daytona Beach, excluding the race area, and encompassed within an 
imaginary line connecting the following points: starting at Point 1 in 
position 29[deg]14'54'' N, 80[deg]00'77'' W; thence east to Point 2 in 
position 29[deg]14'72'' N, 81[deg]00'23'' W; thence south to Point 3 in 
position 29[deg]13'91'' N, 80[deg]59'84'' W; thence west to Point 4 in 
position 29[deg]13'70'' N, 81[deg]00'34'' W; thence north back to 
origin.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Jacksonville in the enforcement of the regulated 
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within 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 nor 
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 
4 p.m. daily on June 14 to 16, 2013.

    Dated: May 24, 2013.
T.G. Allan, Jr.,
Captain, U. S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2013-13423 Filed 6-5-13; 8:45 am]
BILLING CODE 9110-04-P