[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Rules and Regulations]
[Pages 29642-29645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12376]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2011-0289]
RIN 1625-AA08
Special Local Regulations; Miami Super Boat Grand Prix, Miami
Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing special local regulations on
the waters of the Atlantic Ocean east of
[[Page 29643]]
Miami Beach, Florida during the Miami Super Boat Grand Prix. The Miami
Super Boat Grand Prix will consist of a series of high-speed boat
races. The event is scheduled to take place on Sunday, June 5, 2011.
These special local regulations are necessary to provide for the safety
of life on navigable waters during the high-speed boat races. The
special local regulations will temporarily restrict vessel traffic in
an area east of Miami Beach. The special local regulations will
establish the following two areas: A race area, where all persons and
vessels except those persons and vessels participating in or conducting
the race are prohibited from entering, transiting, anchoring, or
remaining; and a spectator area, where all vessels are prohibited from
anchoring.
DATES: This rule is effective from 10 a.m. until 4 p.m. on June 5,
2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0289 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0289 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the 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, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Lieutenant Paul A. Steiner, Sector Miami Prevention
Department, Coast Guard; telephone 305-535-8724, e-mail
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory 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 about the event with sufficient time to publish
an NPRM and to receive public comments prior to the event. Although
this event occurs annually, and special local regulations for this
event are in the Code of Federal Regulations at 33 CFR 100.701, this
year the event host changed the date of the event from the third
weekend in April to June 5, thereby rendering the special local
regulations set forth in 33 CFR 100.701 inapplicable for this year's
event. Any delay in the effective date of this rule would be contrary
to the public interest because immediate action is needed to minimize
the potential danger to the race participants, participant vessels,
spectators, and the general boating public.
Background and Purpose
On June 5, 2011, Super Boat International Productions, Inc. is
hosting the Miami Super Boat Grand Prix, a series of high-speed boat
races. The event will be held on the waters of the Atlantic Ocean east
of Miami Beach, Florida. Approximately 25 high-speed power boats will
be participating in the races, and it is anticipated that at least 10
spectator vessels will be present in the area during the races. The
high speed of the participant vessels poses a safety hazard to race
participants, participant vessels, spectators, and the general public.
The special local regulations are necessary to protect race
participants, participant vessels, spectators, and the general public
from the hazards associated with the high-speed boat races.
Discussion of Rule
The special local regulations will be enforced from 10 a.m. until 4
p.m. on June 5, 2011 on the waters of the Atlantic Ocean east of Miami
Beach, Florida during the Miami Super Boat Grand Prix. The special
local regulations establish the following two areas: (1) A race area,
where all vessels except those vessels participating in or conducting
the race are prohibited from entering, transiting, anchoring, or
remaining unless authorized by the Captain of the Port Miami; and (2) a
spectator area, where all vessels are prohibited from anchoring.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the race area by contacting the
Captain of the Port Miami via telephone at 305-535-4472, or a
designated representative via VHF radio on channel 16.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Executive Order 12866 and Executive Order 13563
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, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
The economic impact of this rule is not significant for the
following reasons: (1) The special local regulations will be enforced
for only six hours; (2) although persons and vessels will not be able
to enter, transit through, anchor in, or remain within the race area
without authorization from the Captain of the Port Miami or a
designated representative, they may operate in the surrounding area,
including the spectator area, while the special local regulations are
enforced; (3) persons and vessels may still enter, transit through,
anchor in, or remain within the race area if authorized by the Captain
of the Port Miami or a designated representative; and (4) advance
notification will be made to the local maritime community via Local
Notice to Mariners and Broadcast Notice to Mariners.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of the
Atlantic Ocean encompassed within the special local regulations from 10
a.m. until 4 p.m. on June 5, 2011. For the reasons discussed in the
Regulatory Planning and Review section above, this rule will not have a
[[Page 29644]]
significant economic impact on a substantial number of small entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 is categorically excluded, under figure 2-1, paragraph (34)(h), of
the Instruction. This rule involves special local regulations issued in
conjunction with a marine event. Under figure 2-1, paragraph (34)(h),
of the Instruction, an environmental analysis checklist and a
categorical exclusion determination are not required for 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.T07-0289 to read as follows:
Sec. 100.T07-0289 Special Local Regulations; Miami Super Boat Grand
Prix, Miami Beach, FL.
(a) Regulated Area. The following regulated areas are established
as special local regulations. All coordinates are North American Datum
1983.
(1) Race Area. All waters of the Atlantic Ocean east of Miami
Beach, FL encompassed within an imaginary line connecting the following
points: starting at Point 1 in position 25[deg]49'14'' N,
80[deg]07'13'' W; thence east to Point 2 in position 25[deg]49'13'' N,
80[deg]06'48'' W; thence southwest to Point 3 in 25[deg]46'00'' N,
80[deg]07'26'' W; thence west to Point 4 in position 25[deg]46'00'' N,
80[deg]07'51'' W; thence northeast back to origin. All vessels except
those vessels participating in or conducting the race
[[Page 29645]]
are prohibited from entering, transiting through, anchoring in, or
remaining within the race area without authorization from the Captain
of the Port Miami or a designated representative.
(2) Spectator Area. All waters of the Atlantic Ocean east of Miami
Beach, FL encompassed within an imaginary line connecting the following
points: Starting at Point 1 in position 25[deg]49'13'' N,
80[deg]06'48'' W; thence east to Point 2 in position 25[deg]49'14'' N,
80[deg]06'42'' W; thence southwest to Point 3 in 25[deg]46'00'' N,
80[deg]07'19'' W; thence west to Point 4 in position 25[deg]46'00'' N,
80[deg]07'26'' W; thence northeast back to origin. All vessels,
including spectator vessels, are prohibited from anchoring in the
spectator area. On-scene designated representatives will direct
spectator vessels to 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) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the race area may contact the Captain of the Port
Miami by telephone at 305-535-4472, or a designated representative via
VHF radio on channel 16, to seek authorization. If authorization to
enter, transit through, anchor in, or remain within the 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 a
designated representative.
(2) 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) Effective Date. This rule is effective from 10 a.m. until 4
p.m. on June 5, 2011.
Dated: April 22, 2011.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2011-12376 Filed 5-20-11; 8:45 am]
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