Special Local Regulation, Daytona Beach Grand Prix of the Seas; Atlantic Ocean, Daytona Beach, FL, 22544-22546 [2016-08875]
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Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Rules and Regulations
complainant resided on the date of the
violation.
(b) A final order is not subject to
judicial review in any criminal or other
civil proceeding.
(c) If a timely petition for review is
filed, the record of a case, including the
record of proceedings before the ALJ,
will be transmitted by the ARB or the
ALJ, as the case may be, to the
appropriate court pursuant to the
Federal Rules of Appellate Procedure
and the local rules of such court.
§ 1987.113
Judicial enforcement.
Whenever any person has failed to
comply with a preliminary order of
reinstatement, or a final order, including
one approving a settlement agreement,
issued under FSMA, the Secretary may
file a civil action seeking enforcement of
the order in the United States district
court for the district in which the
violation was found to have occurred or
in the United States district court for the
District of Columbia. Whenever any
person has failed to comply with a
preliminary order of reinstatement, or a
final order, including one approving a
settlement agreement, issued under
FSMA, a person on whose behalf the
order was issued may file a civil action
seeking enforcement of the order in the
appropriate United States district court.
mstockstill on DSK4VPTVN1PROD with RULES
§ 1987.114 District court jurisdiction of
retaliation complaints.
(a) The complainant may bring an
action at law or equity for de novo
review in the appropriate district court
of the United States, which will have
jurisdiction over such an action without
regard to the amount in controversy,
either:
(1) Within 90 days after receiving a
written determination under
§ 1987.105(a) provided that there has
been no final decision of the Secretary;
or
(2) If there has been no final decision
of the Secretary within 210 days of the
filing of the complaint.
(b) At the request of either party, the
action shall be tried by the court with
a jury.
(c) A proceeding under paragraph (a)
of this section shall be governed by the
same legal burdens of proof specified in
§ 1987.109. The court shall have
jurisdiction to grant all relief necessary
to make the employee whole, including
injunctive relief and compensatory
damages, including:
(1) Reinstatement with the same
seniority status that the employee
would have had, but for the discharge
or discrimination;
(2) The amount of back pay, with
interest;
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(3) Compensation for any special
damages sustained as a result of the
discharge or discrimination; and
(4) Litigation costs, expert witness
fees, and reasonable attorney fees.
(d) Within seven days after filing a
complaint in federal court, a
complainant must file with OSHA, the
ALJ, or the ARB, depending on where
the proceeding is pending, a copy of the
file-stamped complaint. In all cases, a
copy of the complaint also must be
served on the OSHA official who issued
the findings and/or preliminary order,
the Assistant Secretary, and the
Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of
Labor.
will be enforced daily from 8 a.m. to 5
p.m.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2015–
1108 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
rulemaking, call or email Lieutenant
Allan Storm, Sector Jacksonville,
Waterways Management Division, U.S.
Coast Guard; telephone 904–714–7616,
email Allan.H.Storm@uscg.mil.
SUPPLEMENTARY INFORMATION:
§ 1987.115
of rules.
I. Table of Abbreviations
Special circumstances; waiver
In special circumstances not
contemplated by the provisions of the
rules in this part, or for good cause
shown, the ALJ or the ARB on review
may, upon application, after three days
notice to all parties, waive any rule or
issue such orders that justice or the
administration of FSMA requires.
[FR Doc. 2016–08724 Filed 4–15–16; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2015–1108]
RIN 1625–AA08
Special Local Regulation, Daytona
Beach Grand Prix of the Seas; Atlantic
Ocean, Daytona Beach, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation on
the waters of the Atlantic Ocean 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
rulemaking prohibits persons and
vessels from being in the regulated area
unless authorized by the Captain of the
Port (COTP) Jacksonville or a designated
representative.
DATES: This rule is effective from April
22, 2016 through April 24, 2016 and
SUMMARY:
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CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On December 7, 2015, Powerboat P1–
USA, LLC notified the Coast Guard that
it will conduct a series of high speed
boat races in the Atlantic Ocean,
offshore from Daytona Beach, FL from
April 22 through 24, 2016. In response,
on February 4, 2016, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled Special Local
Regulation, Daytona Beach Grand Prix
of the Seas; Daytona Beach, FL (81 FR
5967). There we stated why we issued
the NPRM and invited comments on our
proposed regulatory action related to
this boat race. During the comment
period that ended March 7, 2016, we
received 3 comments.
Under good cause provisions in 5
U.S.C. 553(d)(3), we are making this rule
effective less than 30 days after its
publication in the Federal Register. The
Coast Guard finds that good cause exists
for making this rule effective starting
April 22, 2016 because the public was
notified of this event well in advance
through a proposed rule to regulate
waterway activities published on
February 4, 2016 [81 FR 5967].
Designated representatives will be on
scene to assist the public with
compliance during the nine hours per
day that the regulation will be enforced.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. The
COTP Jacksonville determined that
potential hazards associated with high
speed boat races necessitate the
establishment of a special local
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mstockstill on DSK4VPTVN1PROD with RULES
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.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received three
comments on the NPRM published
February 4, 2016. Two comments
received were in support of the rule.
The third comment received was
opposed to the rule. The comment
opposed to the rule disputed the
following items: (1) The Coast Guard’s
position that this high speed boat race
poses an extra hazard to the safety of life
on the navigable waters surrounding the
event, (2) the need to establish a special
local regulation to mitigate the hazards
associated with this event, (3) the need
for Coast Guard presence to enforce the
rule (due to monetary cost to taxpayers),
and (4) the determination that this rule
is not a ‘‘significant regulatory action.’’
In regard to significant regulatory
action, the commenter stated that this
rule ‘‘encroaches on rights of mariners
to be in a public area.’’
A marine event is defined as an
organized event of limited duration on
the navigable waters of the United
States conducted according to a
prearranged schedule which presents an
extra or unusual hazard to the safety of
human life that cannot be protected by
existing navigation. Prior to taking any
regulatory action and to considering the
establishment of a special local
regulation, the Coast Guard utilizes a
risk-informed decision making process
to determine if an event meets the
definition of a marine event as outlined
in 33 CFR 100.05 and is likely to
introduce an extra or unusual hazard to
the safety of human life. The primary
risk factors for determining that this is
a marine event included: (1) The
expected involvement of an unusually
large concentration of traffic on the
water that may interfere with routine
navigation and (2) the event includes an
inherently hazardous competition
where craft are expected to travel at
high speeds. Once the Coast Guard
made the marine event determination,
we proposed a safety risk-mitigation
tool. In this case, it is the establishment
of a special local regulation. Based on
an analysis of the factors addressed
above, the commenter’s position that
this race is not a marine event justifying
Coast Guard action is not supportable.
For the enforcement of this rule, the
Coast Guard does not need to be on
scene. As stated in the regulatory text at
the end of this document, the COTP
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may utilize Federal, state, and local
officers (designated representatives) for
the enforcement of the regulated area.
A ‘‘significant regulation’’ under
Executive Order 12866, is one that has
an impact on the economy of more than
$100 million or one that adversely
affects in a material way the economy or
a sector of the economy; creates a
serious inconsistency or interferes with
another agency; materially alters the
budgetary impact of entitlements,
grants, user fees, or loan programs, or
the rights and obligations of recipients;
or raises a novel issue of law or policy.
For the reasons stated in section V.A
below, the Coast Guard determines that
this rule is not a significant regulatory
action. It is one of a category of
regulations considered ‘‘routine and
frequent’’ by the Office of Management
and Budget.
This rule establishes 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 extending 600 yards south of
the Daytona Beach pier to 1,900 yards
north of the pier. No vessel or person
will be permitted to enter the regulated
area without obtaining permission from
the COTP or a designated
representative.
V. 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 and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 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.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
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22545
The Coast Guard has determined that
this temporary final rule 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 area 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 designated
representative.
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 received no comments
from the Small Business Administration
on this rulemaking. 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.
While some owners or operators of
vessels intending to transit the regulated
area may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
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 section.
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
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Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Rules and Regulations
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.
C. 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).
mstockstill on DSK4VPTVN1PROD with RULES
D. Federalism and Indian Tribal
Governments
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
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
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Jkt 238001
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
determined 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 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. It
is categorically excluded from further
review under paragraphs 34(h) and 35(a)
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.
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.
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 § 100.35T07–1108 to read as
follows:
■
§ 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°14.580′ N., 081°00.820′ W.;
thence northeast to Point 2 in position
PO 00000
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29°14.783′ N., 081°00.101′ W.; thence
southeast to Point 3 in position
29°13.646′ N., 080°59.549′ W.; thence
southwest to Point 4 in position
29°13.434′ N., 081°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 regulated area.
(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 designated
representative.
(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 904–714–7557, 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: April 12, 2016.
J.F. Dixon,
Captain, U.S. Coast Guard, Captain of the
Port Jacksonville.
[FR Doc. 2016–08875 Filed 4–15–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–0295]
Drawbridge Operation Regulation; Isle
of Wight (Sinepatuxent) Bay, Ocean
City, MD
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
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]]>Agencies
[Federal Register Volume 81, Number 74 (Monday, April 18, 2016)]
[Rules and Regulations]
[Pages 22544-22546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08875]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2015-1108]
RIN 1625-AA08
Special Local Regulation, Daytona Beach Grand Prix of the Seas;
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 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 rulemaking prohibits persons and
vessels from being in the regulated area unless authorized by the
Captain of the Port (COTP) Jacksonville or a designated representative.
DATES: This rule is effective from April 22, 2016 through April 24,
2016 and will be enforced daily from 8 a.m. to 5 p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2015-1108 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Lieutenant Allan Storm, Sector Jacksonville,
Waterways Management Division, U.S. Coast Guard; telephone 904-714-
7616, email Allan.H.Storm@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On December 7, 2015, Powerboat P1-USA, LLC notified the Coast Guard
that it will conduct a series of high speed boat races in the Atlantic
Ocean, offshore from Daytona Beach, FL from April 22 through 24, 2016.
In response, on February 4, 2016, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Special Local Regulation, Daytona
Beach Grand Prix of the Seas; Daytona Beach, FL (81 FR 5967). There we
stated why we issued the NPRM and invited comments on our proposed
regulatory action related to this boat race. During the comment period
that ended March 7, 2016, we received 3 comments.
Under good cause provisions in 5 U.S.C. 553(d)(3), we are making
this rule effective less than 30 days after its publication in the
Federal Register. The Coast Guard finds that good cause exists for
making this rule effective starting April 22, 2016 because the public
was notified of this event well in advance through a proposed rule to
regulate waterway activities published on February 4, 2016 [81 FR
5967]. Designated representatives will be on scene to assist the public
with compliance during the nine hours per day that the regulation will
be enforced.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The COTP Jacksonville determined that potential hazards
associated with high speed boat races necessitate the establishment of
a special local
[[Page 22545]]
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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received three comments on the NPRM published
February 4, 2016. Two comments received were in support of the rule.
The third comment received was opposed to the rule. The comment opposed
to the rule disputed the following items: (1) The Coast Guard's
position that this high speed boat race poses an extra hazard to the
safety of life on the navigable waters surrounding the event, (2) the
need to establish a special local regulation to mitigate the hazards
associated with this event, (3) the need for Coast Guard presence to
enforce the rule (due to monetary cost to taxpayers), and (4) the
determination that this rule is not a ``significant regulatory
action.'' In regard to significant regulatory action, the commenter
stated that this rule ``encroaches on rights of mariners to be in a
public area.''
A marine event is defined as an organized event of limited duration
on the navigable waters of the United States conducted according to a
prearranged schedule which presents an extra or unusual hazard to the
safety of human life that cannot be protected by existing navigation.
Prior to taking any regulatory action and to considering the
establishment of a special local regulation, the Coast Guard utilizes a
risk-informed decision making process to determine if an event meets
the definition of a marine event as outlined in 33 CFR 100.05 and is
likely to introduce an extra or unusual hazard to the safety of human
life. The primary risk factors for determining that this is a marine
event included: (1) The expected involvement of an unusually large
concentration of traffic on the water that may interfere with routine
navigation and (2) the event includes an inherently hazardous
competition where craft are expected to travel at high speeds. Once the
Coast Guard made the marine event determination, we proposed a safety
risk-mitigation tool. In this case, it is the establishment of a
special local regulation. Based on an analysis of the factors addressed
above, the commenter's position that this race is not a marine event
justifying Coast Guard action is not supportable.
For the enforcement of this rule, the Coast Guard does not need to
be on scene. As stated in the regulatory text at the end of this
document, the COTP may utilize Federal, state, and local officers
(designated representatives) for the enforcement of the regulated area.
A ``significant regulation'' under Executive Order 12866, is one
that has an impact on the economy of more than $100 million or one that
adversely affects in a material way the economy or a sector of the
economy; creates a serious inconsistency or interferes with another
agency; materially alters the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients; or raises a novel issue of law or policy. For the reasons
stated in section V.A below, the Coast Guard determines that this rule
is not a significant regulatory action. It is one of a category of
regulations considered ``routine and frequent'' by the Office of
Management and Budget.
This rule establishes 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 extending 600 yards
south of the Daytona Beach pier to 1,900 yards north of the pier. No
vessel or person will be permitted to enter the regulated area without
obtaining permission from the COTP or a designated representative.
V. 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 and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
The Coast Guard has determined that this temporary final rule 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 area 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
designated representative.
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 received no comments from the Small Business
Administration on this rulemaking. 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.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
section.
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
[[Page 22546]]
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. 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 (42 U.S.C. 4321-4370f), and have determined 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
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. It is categorically excluded from further review under
paragraphs 34(h) and 35(a) 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.
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.
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 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.,
080[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
regulated area.
(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
designated representative.
(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 904-714-7557, 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: April 12, 2016.
J.F. Dixon,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2016-08875 Filed 4-15-16; 8:45 am]
BILLING CODE 9110-04-P
