[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Rules and Regulations]
[Pages 63722-63725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25646]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0721]
RIN 1625-AA08
Special Local Regulations; Palm Beach World Championship,
Atlantic Ocean; Jupiter, 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 waters of the Atlantic Ocean, between East Indiantown Road and
Donald Ross Road, just offshore of Jupiter, Florida during the Palm
Beach World Championship, a high speed power boat race. The Palm Beach
World Championship is scheduled to take place on Friday, October 19,
and Sunday, October 21, 2012. The high speed power boat race event will
include approximately 50 high speed power boat participants and 250
spectator vessels. The special local regulation is necessary to provide
safety for the participants, spectators, and general public in and near
the race area during the event. The special local regulation will
encompass the following two areas: a race area, where all persons and
vessels, except those persons and vessels participating in or assisting
the high speed boat races, are prohibited from entering, transiting
through, anchoring in, or remaining within; and
[[Page 63723]]
a spectator area, where vessels are permitted to anchor.
DATES: This rule is effective and will be enforced from 11 a.m. until 4
p.m. on October 19, and 11 a.m. until 4 p.m. on October 21, 2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0721. To view documents
mentioned in this preamble as being available in the docket, go to
http://www.regulations.gov, inserting USCG-2012-0721 in the ``SEARCH''
box, and then clicking ``SEARCH.'' Click on the 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 rule,
call or email Lieutenant Junior Grade Mike H. Wu, Sector Miami
Prevention Department, Coast Guard; telephone (305) 535-7576, email
[email protected]. If you have questions on viewing the docket, call
Renee V. Wright, 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 about the event until August 22, 2012. As a
result, the Coast Guard did not have sufficient time to publish a 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 the
race participants, participant vessels, spectators, and the general
public.
For the same reason discussed above, 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.
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 insure safety of life on navigable waters of the United
States during the Palm Beach World Championship.
C. Discussion of the Final Rule
On October 19 and October 21, 2012, Offshore Powerboat Association,
Inc. will host the Palm Beach World Championship, a series of high-
speed boat races. The event will be held on the waters of the Atlantic
Ocean, just offshore of Jupiter, Florida. The high speed power boat
race event will include approximately 50 high speed power boat
participants and 250 spectator vessels.
The special local regulation encompasses certain waters of the
Atlantic Ocean, near Jupiter, Florida. The special local regulation
will be enforced daily from 11:00 a.m. until 4:00 p.m. on October 19
and October 21, 2012. The special local regulation will encompass the
following two areas: (1) A race area, where all persons and vessels,
except those persons and vessels participating or assisting in the high
speed power boat race event, are prohibited from entering, transiting
through, anchoring in, or remaining within; and (2) a spectator area,
where vessels are permitted to anchor. 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. If authorization to enter, transit through, anchor in, or
remain within the race 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. 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. 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.
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 five hours per day over the course of two days, ten hours
total; (2) non-participant persons and vessels may enter, transit
through, anchor in, or remain within the race area 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 race area may operate in the
surrounding area during the 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 that portion of the
Atlantic Ocean encompassed within the special local regulation from 11
a.m. until 4 p.m. on
[[Page 63724]]
October 19, and 11 a.m. until 4 p.m. October 21, 2012. 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 offer to assist small
entities in understanding the 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 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.
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 effect 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). This rule involves
special local regulations issued in conjunction with a marine event. An
Environmental Analysis was prepared and addressed both the issuance of
the marine event permit and the establishment of the special local
regulation. Both the Environmental Analysis and the accompanying
Finding Of No Significant Impact (``FONSI'') 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.
0
2. Add temporary Sec. 100.35T07-0721 to read as follows:
Sec. 100.35T07-0721 Special Local Regulations; Palm Beach World
Championship, Atlantic Ocean, Jupiter, FL.
(a) Regulated areas. The following regulated areas are established
as a special local regulation. All coordinates are North American Datum
1983.
(1) Race area. All waters of the Atlantic Ocean east of Jupiter, FL
encompassed within an imaginary line connecting the following points:
starting at Point 1 in position 26[deg]56'06'' N, 80[deg]04'06'' W;
thence northeast to Point 2 in position 26[deg]56'11'' N,
80[deg]03'38'' W; thence southeast to Point 3 in 26[deg]53'11'' N,
80[deg]02'35'' W; thence southwest to Point 4 in position
26[deg]53'03'' N, 80[deg]03'06'' W; thence northwest back to origin.
All persons or vessels, except those persons or vessels participating
in or assisting in the high speed power boat race event, 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
Jupiter, FL and east of the race area, encompassed within an imaginary
line connecting the
[[Page 63725]]
following points: starting at Point 1 in position 26[deg]55'46'' N,
80[deg]03'30'' W; thence northeast to Point 2 in position
26[deg]55'48'' N, 80[deg]03'22'' W; thence southeast to Point 3 in
26[deg]53'58'' N, 80[deg]02'44'' W; thence southwest to Point 4 in
position 26[deg]53'56'' N, 80[deg]02'51'' W; thence northwest back to
origin. Vessels are permitted to anchor in this 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.
(c) Enforcement date. This rule will be enforced from 11 a.m. until
4 p.m. on October 19, and from 11 a.m. until 4 p.m. on October 21,
2012.
Dated: October 2, 2012.
C. P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2012-25646 Filed 10-16-12; 8:45 am]
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