Special Local Regulation; Stuart Sailfish Regatta, Indian River; Stuart, FL, 25678-25681 [2014-10271]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 79, Number 87 (Tuesday, May 6, 2014)]
[Rules and Regulations]
[Pages 25678-25681]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10271]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0089]
RIN 1625-AA08


Special Local Regulation; Stuart Sailfish Regatta, Indian River; 
Stuart, 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 Indian River located northeast of Ernest F. Lyons Bridge and south 
of Joes Cove, in Stuart, Florida during the Stuart Sailfish Regatta, a 
series of high-speed boat races. The Stuart Sailfish Regatta will take 
place from May 16 through May 18, 2014. Approximately 120 high-speed 
power boats will be participating in the event. It is anticipated that 
at least 100 spectator vessels will be present during the event. This 
special local regulation is necessary for the safety of race 
participants, participant vessels, spectators, and the general public 
during the event. The special local regulation will establish the 
following three areas: A race area, where all persons and vessels, 
except those participating in the high-speed boat races, are prohibited 
from entering, transiting through, anchoring in, or remaining within; a 
buffer zone around the race area, where all persons and vessels, except 
those persons and vessels enforcing the buffer zone, or authorized 
participants or vessels transiting to the race area, are prohibited 
from entering, transiting through, anchoring in, or remaining within; 
and a spectator area, where all persons are prohibited from entering 
the water or swimming in the designated area.

DATES: This rule is effective from 8 a.m. until 5 p.m. on May 16, 2014 
through May 18, 2014.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: https://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer John K. Jennings, Sector Miami Prevention 
Department, Coast Guard; telephone (305) 535-4317, email 
John.K.Jennings@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, 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

    On March 21, 2014, a Notice of Proposed Rulemaking (NPRM) entitled 
Special Local Regulation; Stuart Sailfish Regatta, Indian River; 
Stuart, FL in the Federal Register (77 FR 79 FR 15715). We received no 
comments on the proposed rule. No public meeting was requested, and 
none was held.
    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. Any delay in the effective date of 
this rule would be contrary to the public interest, because immediate 
action is necessary to protect the safety of the participants from the 
dangers associated with other vessels transiting this area while the 
race occurs.

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

[[Page 25679]]

provide for the safety of life on the navigable waters of the United 
States during the Stuart Sailfish Regatta.

C. Discussion of the Final Rule

    From May 16 through May 18, 2014, Stuart Sailfish Regatta Inc. will 
be hosting the Stuart Sailfish Regatta, a series of high-speed boat 
races. The races will be held on the Indian River located northeast of 
Ernest F. Lyons Bridge and south of Joes Cove, in Stuart, Florida. 
Approximately 120 high-speed power boats will be participating in the 
event. It is anticipated that at least 100 spectator vessels will be 
present during the event.
    The special local regulation will encompass certain navigable 
waters of the Indian River located northeast of Ernest F. Lyons Bridge 
and south of Joes Cove, in Stuart, Florida. The special local 
regulation will be enforced daily from 8 a.m. until 5 p.m. from May 16 
through May 18, 2014. The special local regulation will consist of the 
following three areas: (1) A race area, where all persons and vessels, 
except those participating in the high-speed boat races, are prohibited 
from entering, transiting through, anchoring in, or remaining within; 
(2) a buffer zone around the race area, where all persons and vessels, 
except those persons and vessels enforcing the buffer zone, or 
authorized participants or vessels transiting to the race area, are 
prohibited from entering, transiting through, anchoring in, or 
remaining within; and (3) a spectator area, where all persons are 
prohibited from entering the water or swimming in the designated area.
    Persons and vessels may request authorization to enter the special 
local regulated area by contacting the Captain of the Port Miami by 
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 special local 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 the designated 
representative.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number 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) This 
special local regulation will be enforced for nine hours a day for 
three days; (2) non-participant persons and vessels may enter, transit 
through, anchor in, or remain within the regulated area during their 
respective enforcement periods 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 regulated areas without authorization from the Captain of the Port 
Miami or a designated representative may operate in the surrounding 
areas during the respective 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 any of 
the regulated area during the respective enforcement periods. 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 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 the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule 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,

[[Page 25680]]

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). The Coast Guard 
previously completed an environmental assessment for this event and 
regulation in 2012, as well as conducted a supplemental environmental 
assessment in 2013. The event and regulation for the 2012 and 2013 
occurrences are similar in all aspects to this year's event and 
regulation; therefore the same environmental assessment and 
supplemental environmental assessment are being referenced for this 
year's event and regulation. The environmental assessment is available 
in the docket folder for USCG-2012-0150, and the supplemental 
environmental assessment is available in the docket folder USCG-2012-
0150 at www.regulations.gov. This rule involves establishing a special 
local regulation that will be enforced from 8 a.m. until 5 p.m. daily 
May 16 through 18 2014. This rule is categorically excluded from 
further review under paragraph 34(h) of Figure 2-1 of the Commandant 
Instruction. 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 a temporary Sec.  100.35T07-0089 to read as follows:


Sec.  100.35T07-0089  Special Local Regulation; Stuart Sailfish 
Regatta, Indian River, Stuart, FL.

    (a) Regulated Areas. The following regulated area is established as 
a special local regulation. All coordinates are North American Datum 
1983.
    (1) Race Area. All waters of Indian River located northeast of 
Ernest Lyons Bridge and south of Joes Cove that are encompassed within 
the following points: starting at Point 1 in position 27[deg]12'46'' N, 
80[deg]11'09'' W; thence southeast to Point 2 in position 
27[deg]12'41'' N, 80[deg]11'08'' W; thence southwest to Point 3 in 
position 27[deg]12'37'' N, 80[deg]11'11'' W; thence southwest to Point 
4 in position 27[deg]12'33'' N, 80[deg]11'18'' W; thence southwest to 
Point 5 in position 27[deg]12'31'' N, 80[deg]11'23'' W; thence west to 
Point 6 in position 27[deg]12'31'' N, 80[deg]11'27'' W; thence 
northwest to Point 7 in position 27[deg]12'33'' N, 80[deg]11'31'' W; 
thence northwest to Point 8 in position 27[deg]12'38'' N, 
80[deg]11'32'' W; thence northeast to Point 9 in position 
27[deg]12'42'' N, 80[deg]11'30'' W; thence northeast to Point 10 in 
position 27[deg]12'46'' N, 80[deg]11'26'' W; thence northeast to Point 
11 in position 27[deg]12'48'' N, 80[deg]11'20'' W; thence east to Point 
12 in position 27[deg]12'48'' N, 80[deg]11'15'' W; thence southeast 
back to origin. All persons and vessels, except those persons and 
vessels participating in the high-speed boat races, are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
race area.
    (2) Buffer Zone. All waters of Indian River located northeast of 
Ernest Lyons Bridge and south of Joes Cove that are encompassed within 
the following points: starting at Point 1 in position 27[deg]12'47'' N, 
80[deg]11'43'' W; thence southeast to Point 2 in position 
27[deg]12'22'' N, 80[deg]11'28'' W; thence northeast to Point 3 in 
position 27[deg]12'35'' N, 80[deg]11'00'' W; thence northwest to Point 
4 in position 27[deg]12'47'' N, 80[deg]11'04'' W; thence northeast to 
Point 5 in position 27[deg]13'05'' N, 80[deg]11'01'' W; thence 
southeast back to origin. All persons and vessels, except those persons 
and vessels enforcing the buffer zone, or authorized participants or 
vessels transiting to the race area, are prohibited from entering, 
transiting through, anchoring in, or remaining within the buffer zone.
    (3) Spectator Area. All waters of Indian River located northeast of 
Ernest Lyons Bridge and south of Joes Cove that are encompassed within 
the following points: starting at Point 1 in position 27[deg]12'48'' N, 
80[deg]11'43'' W; thence northeast to Point 2 in position 
27[deg]12'55'' N, 80[deg]11'26'' W; thence southeast to Point 3 in 
position 27[deg]12'52'' N, 80[deg]11'24'' W; thence southwest to Point 
4 in position 27[deg]12'40'' N, 80[deg]11'39'' W; thence northwest back 
to origin. All persons are prohibited from entering the water or 
swimming in the spectator 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) Non-participant persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
race area and/or buffer zone of the special local regulated area unless 
authorized by Captain of the Port Miami or a designated representative. 
All persons are prohibited from entering the water or swimming in the 
spectator area. Non-participant persons and vessels may

[[Page 25681]]

request authorization to enter, transit through, anchor in, or remain 
within the race area and/or buffer zone of the special local regulated 
area by contacting the Captain of the Port Miami 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.
    (2) 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) Effective Date. This rule will be enforced daily from 8 a.m. 
until 5 p.m. from May 16, 2014 through May 18, 2014.

    Dated: April 25, 2014.
A.J. Gould,
Captain, U. S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2014-10271 Filed 5-5-14; 8:45 am]
BILLING CODE 9110-04-P