Special Local Regulation, Daytona Beach Grand Prix of the Seas; Atlantic Ocean, Daytona Beach, FL, 5967-5969 [2016-02097]
[Federal Register Volume 81, Number 23 (Thursday, February 4, 2016)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02097]
DEPARTMENT OF HOMELAND SECURITY
33 CFR Part 100
[Docket Number USCG-2015-1108]
Special Local Regulation, Daytona Beach Grand Prix of the Seas;
Atlantic Ocean, Daytona Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Coast Guard proposes to establish a special local
regulation on the waters of the Atlantic Ocean east of Daytona Beach,
Florida during the Daytona Beach Grand Prix of the Seas, a series of
high-speed personal watercraft boat races. This action is necessary to
provide for the safety of life on the navigable waters surrounding the
event. This special local regulation will be enforced daily 8 a.m. to 5
p.m., from April 22 through April 24, 2016. This proposed rulemaking
would prohibit persons and vessels from being in the regulated area
unless authorized by the Captain of the Port (COTP) Jacksonville or a
designated representative. We invite your comments on this proposed
DATES: Comments and related material must be received by the Coast
Guard on or before March 7, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2015-1108 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Allan Storm, Sector
Jacksonville, Waterways Management Division, U.S. Coast Guard;
telephone (904) 564-7563, email Allan.H.Storm@uscg.mil.
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On December 7, 2015, Powerboat P1-USA, LLC notified the Coast Guard
that it will be conducting a series of high speed boat races in the
Atlantic Ocean, offshore from Daytona Beach, FL from April 22 through
24, 2016. The COTP Jacksonville has determined that the potential
hazards associated with the high speed boat races necessitate the
establishment of a special local regulation.
The purpose of this rulemaking is to ensure the safety of life on
the navigable waters of the United States by prohibiting all vessels
and persons not participating in the event from entering the regulated
area. The Coast Guard proposes this rulemaking under authority in 33
III. Discussion of Proposed Rule
The COTP proposes to establish a special local regulation for the
Daytona Beach Grand Prix of the Seas, a series of high-speed personal
watercraft boat races. The regulated area includes the waters of the
Atlantic Ocean offshore from Daytona Beach, Florida and will be
enforced daily 8 a.m. to 5 p.m., from April 22 through April 24, 2016.
Approximately 90 high-speed personal watercraft are anticipated to
participate in the races. The regulated area would encompass an
approximated offshore area that is 1,350 yards wide that extends from
600 yards south of the Daytona Beach pier to 1,900 yards north of the
pier. No vessel or person would be permitted to enter the regulated
area without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders (E.O.s) related to rulemaking. Below, we summarize
our analyses based on a number of these statutes and E.O.s, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This NPRM has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly,
the NPRM has not been reviewed by the Office of Management and Budget.
The Coast Guard has determined that this NPRM is not a significant
regulatory action for the following reasons: (1) the special local
regulation would be enforced for a total of only 27 hours over the
course of three days; (2) although persons and vessels would not be
able to enter, transit through, anchor in, or remain within the
regulated area without authorization from the COTP Jacksonville or a
designated representative, they would be able to operate in the
surrounding area during the enforcement period; (3) persons and vessels
would still be able to enter, transit through, anchor in, or remain
within the regulated if authorized by the COTP Jacksonville or a
designated representative; and (4) the Coast Guard would provide
advance notification of the special local regulation to the local
maritime community via Broadcast Notice to Mariners or by on-scene
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit
through the regulated area may be small entities, for the reasons
stated in section IV.A above, this proposed rule would not have a
significant economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under E.O. 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 proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this proposed rule does not have tribal implications under
E.O. 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.
E. 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
We have analyzed this proposed 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 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a special
local regulation that would prohibit persons and vessels from
transiting through a 2,500 yard by 1,350 yard regulated area during a
three day racing event lasting nine hours daily. Normally such actions
are categorically excluded from further review under paragraph 34(h) of
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary
environmental analysis checklist and 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 proposed
G. 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24,
2005, issue of the Federal Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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 Sec. 100.35T07-1108 to read as follows:
Sec. 100.35T07-1108 Special Local Regulation, Daytona Beach Grand
Prix of the Seas; Atlantic Ocean, Daytona Beach, FL.
(a) Regulated Area. The following regulated area is a special local
regulation located offshore from Daytona Beach, FL. All waters of the
Atlantic Ocean encompassed within the following points: Starting at
Point 1 in position 29[deg]14.580' N., 081[deg]00.820' W., thence
northeast to Point 2 in position 29[deg]14.783' N., 081[deg]00.101' W.,
thence southeast to Point 3 in position 29[deg]13.646' N.,
081[deg]59.549' W., thence southwest to Point 4 in position
29[deg]13.434' N., 081[deg]00.224' W., thence northwest back to origin.
These coordinates are based on North American Datum 1983.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port (COTP) Jacksonville in the enforcement of the
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the COTP Jacksonville or a
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the COTP
Jacksonville by telephone at 904-564-7511, or a designated
representative via VHF-FM radio on channel 16 to request authorization.
If authorization is granted, all persons and vessels receiving such
authorization must comply with the instructions of the COTP
Jacksonville or designated representative.
(3) The Coast Guard will provide notice of the regulated area
through Broadcast Notice to Mariners via VHF-FM channel 16 or by on-
scene designated representatives.
(d) Enforcement Period. This section will be enforced daily 8 a.m.
to 5 p.m. from April 22 through April 24, 2016.
Dated: January 25, 2016.
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2016-02097 Filed 2-3-16; 8:45 am]
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