[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Proposed Rules]
[Pages 1792-1795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00276]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2012-0150]
RIN 1625-AA08
Special Local Regulations, Stuart Sailfish Regatta, Indian River;
Stuart, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: The Coast Guard is proposing to establish special local
regulations on the Indian River located northeast of Ernest F. Lyons
Bridge and south of Joes Cove, in Stuart, Florida during the Stuart
Sailfish Regatta, a series of high-speed boat races. The Stuart
Sailfish Regatta will take place from Friday, April 19, 2013 through
Sunday, April 21, 2013. Approximately 150 high-speed power boats will
be participating in the event. It is anticipated that at least 100
spectator vessels will be present during the race. These special local
regulations are necessary for the safety of race participants,
participant vessels, spectators and the general public during the
event. The special local regulations establish the following three
areas: a race area, where all persons and vessels, except those persons
and vessels participating in the high-speed boat races, are prohibited
from entering, transiting through, anchoring in, or remaining within; a
buffer zone around the race area, where all persons and vessels, except
those persons and vessels enforcing the buffer zone, or authorized
participants or vessels transiting to the race area, are prohibited
from entering, transiting through, anchoring in, or remaining within;
and a spectator area.
DATES: Comments and related material must be received by the Coast
Guard on or before February 8, 2013.
Requests for public meetings must be received by the Coast Guard on
or before February 8, 2013.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
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 or submitting
material to 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. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
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
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-2012-0150 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number USCG-2012-0150 in the ``SEARCH'' box and click
``SEARCH.'' Click on 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
[[Page 1793]]
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before February 8, 2013, using one of the methods
specified under ADDRESSES. Please explain why you believe a public
meeting would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
B. Regulatory History and Information
Previously, temporary special local regulations regarding this
maritime event have been published in the Code of Federal Regulations
at 33 CFR 100.701. No final rule has been published in regards to this
event. The proposed special local regulations are not new in their
entirety, but merely reflect updates to certain details of the event.
C. 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 Stuart Sailfish Regatta.
D. Discussion of Proposed Rule
From Friday, April 19, 2013 through Sunday, April 21, 2013, Stuart
Sailfish Regatta, Inc. will be hosting the Stuart Sailfish Regatta, a
series of high-speed boat races. The races will be held on the Indian
River located northeast of Ernest F. Lyons Bridge and south of Joes
Cove, in Stuart, Florida. Approximately 150 high-speed power boats will
be participating in the event. It is anticipated that at least 100
spectator vessels will be present during the race.
The proposed rule would establish special local regulations that
will encompass certain waters of the Indian River located northeast of
Ernest F. Lyons Bridge and south of Joes Cove, in Stuart, Florida. The
special local regulations will be enforced daily from 9 a.m. until 5
p.m. from April 19, 2013 through April 21, 2013. The special local
regulations consist of the following three areas: (1) A race area,
where all persons and vessels, except those persons and vessels
participating in the high-speed boat races, are prohibited from
entering, transiting through, anchoring in, or remaining within; (2) a
buffer zone around the race area, where all persons and vessels, except
those persons and vessels enforcing the buffer zone, or authorized
participants or vessels transiting to the race area, are prohibited
from entering, transiting through, anchoring in, or remaining within;
and (3) a spectator area.
Persons and vessels may request authorization by contacting the
Captain of the Port Miami by telephone at (305) 535-4472, or a
designated representative via VHF radio on channel 16, to enter,
transit through, anchor in, or remain within the race area or the
buffer zone. If authorization 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 regulated areas by Local Notice to Mariners,
Broadcast Notice to Mariners and on-scene designated representatives.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed 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 proposed rule is not significant for the following reasons: (1)
The special local regulations will be enforced for a maximum of 8 hours
a day for only three days; (2) non-participant persons and vessels may
enter, transit through, anchor in, or remain within the regulated areas
during their respective enforcement periods 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 regulated areas without authorization
from the Captain of the Port Miami or a designated representative may
operate in the surrounding areas during the respective enforcement
periods; and (4) the Coast Guard will provide advance notification of
the special local regulations to the local maritime community by Local
Notice to Mariners and Broadcast Notice to Mariners.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 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 any of
the regulated areas during the respective enforcement period. 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.
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.
3. Assistance for Small Entities
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, above. 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.
4. Collection of Information
This proposed 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 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
determined that this rule does not have implications for federalism.
[[Page 1794]]
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause 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 proposed 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 From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 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.
12. Energy Effects
This proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
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 (NEPA)(42 U.S.C. 4321-4370f). Due to
potential environmental issues, we conducted an environmental
assessment last year for both the issuance of the marine event permit
and the establishment of this special local regulation. The same
environmental assessment is being used for this year's event as it is
substantially similar in all aspects and therefore the potential
effects and alternatives would remain unchanged. After completing the
environmental assessment for the issuance of the marine event permit,
and the establishment of these special local regulations, we have
determined these actions will not significantly affect the human
environment. The environmental assessment and 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 proposed
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 proposes
to amend 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. 100.35T07-0150 to read as follows:
Sec. 100.35T07-0150 Special Local Regulations; Stuart Sailfish
Regatta, Indian River, Stuart, FL.
(a) Regulated Areas. The following regulated areas are established
as special local regulations. All coordinates are North American Datum
1983.
(1) Race Area. All waters of Indian River located northeast of
Ernest Lyons Bridge and south of Joes Cove that are encompassed within
an imaginary line connecting the following points: starting at Point 1
in position 27[deg]12'46'' N, 80[deg]11'09'' W; thence southeast to
Point 2 in position 27[deg]12'41'' N, 80[deg]11'08'' W; thence
southwest to Point 3 in position 27[deg]12'37'' N, 80[deg]11'11'' W;
thence southwest to Point 4 in position 27[deg]12'33'' N,
80[deg]11'18'' W; thence southwest to Point 5 in position
27[deg]12'31'' N, 80[deg]11'23'' W; thence west to Point 6 in position
27[deg]12'31'' N, 80[deg]11'27'' W; thence northwest to Point 7 in
position 27[deg]12'33'' N, 80[deg]11'31'' W; thence northwest to Point
8 in position 27[deg]12'38'' N, 80[deg]11'32'' W; thence northeast to
Point 9 in position 27[deg]12'42'' N, 80[deg]11'30'' W; thence
northeast to Point 10 in position 27[deg]12'46'' N, 80[deg]11'26'' W;
thence northeast to Point 11 in position 27[deg]12'48'' N,
80[deg]11'20'' W; thence east to Point 12 in position 27[deg]12'48'' N,
80[deg]11'15'' W; thence southeast back to origin. All persons and
vessels, except those persons and vessels participating in the high-
speed boat races, are prohibited from entering, transiting through,
anchoring in, or remaining within the race area.
(2) Buffer Zone. All waters of Indian River located northeast of
Ernest Lyons Bridge and south of Joes Cove that are encompassed within
an imaginary line connecting the following points, with the exception
of the spectator area: starting at Point 1 in position 27[deg]12'47''
N, 80[deg]11'43'' W; thence southeast to Point 2 in position
27[deg]12'22'' N, 80[deg]11'28'' W; thence northeast to Point 3 in
position 27[deg]12'35'' N, 80[deg]11'00'' W; thence northwest to Point
4 in position 27[deg]12'47'' N, 80[deg]11'04'' W; thence northeast to
Point 5 in position 27[deg]13'05'' N, 80[deg]11'01'' W; thence
southeast back to origin. All persons and vessels, except those persons
and vessels enforcing the buffer zone, or authorized participants or
vessels transiting to the race area, are prohibited from entering,
transiting through, anchoring in, or remaining within the buffer zone.
(3) Spectator Area. All waters of Indian River located northeast of
the Ernest Lyons Bridge and south of Joes Cove that are encompassed
within an imaginary line connecting the following
[[Page 1795]]
points: starting at Point 1 in position 27[deg]12'47'' N,
80[deg]11'43'' W; thence southeast to Point 2 in position
27[deg]12'40'' N, 80[deg]11'38'' W; thence northeast to Point 3 in
position 27[deg]11'52'' N, 80[deg]11'25'' W; thence northwest to Point
4 in position 27[deg]12'54'' N, 80[deg]11'26'' W; thence southwest back
to origin. 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 area.
(c) Regulations.
(1) All persons and vessels, are prohibited from:
(A) Entering, transiting through, anchoring in, or remaining within
the race area, unless participating in the race.
(B)Transiting through, anchoring in, or remaining within the buffer
zone, unless enforcing the buffer zone or a race participant transiting
to the race area.
(C) Traveling in excess of no-wake speed in the spectator area.
(2) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated area by contacting
the Captain of the Port Miami by telephone at 305-535-4472, or a
designated representative via VHF radio on channel 16. If authorization
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.
(3) 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) Enforcement Date. This rule will be enforced from 9:00 a.m.
until 5:00 p.m. daily from April 19, 2013 through April 21, 2013.
Dated: December 26, 2012.
J.B. Pruett,
Captain, U.S. Coast Guard, Acting Captain of the Port Miami.
[FR Doc. 2013-00276 Filed 1-8-13; 8:45 am]
BILLING CODE 9110-04-P