[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Rules and Regulations]
[Pages 63722-63725]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25646]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 
Mike.H.Wu@uscg.mil. 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]
BILLING CODE 9110-04-P