[Federal Register Volume 78, Number 59 (Wednesday, March 27, 2013)]
[Rules and Regulations]
[Pages 18475-18477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07001]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0150]
RIN 1625-AA08
Special Local Regulations; Stuart Sailfish Regatta, Indian River;
Stuart, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation on
the Indian River located northeast of the 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, until Sunday, April 21,
2013. Approximately 40-80 high-speed power boats will be participating
in the event and it is anticipated that at least 100 spectator vessels
will be. This special local regulation is necessary for the safety of
race participants, participant vessels, spectators, and the general
public during the event. The special local regulation establishes 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: This rule is effective from April 19, 2013, until April 21,
2013. This rule is enforced from 9 a.m. until 5 p.m. daily from April
19, 2013, until April 21, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0150. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number 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.
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 Barbara Hairston, 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
On January 9, 2013, the USCG published a Notice of Proposed
Rulemaking (NPRM) entitled, ``Special Local Regulations; Stuart
Sailfish Regatta, Indian River; Stuart, FL'' in the Federal Register
(78 FR 1792). We received no comments on the proposed rule. No public
meeting was requested, and none was held.
B. Basis and Purpose
From Friday, April 19, 2013, until 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 40-80 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 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.
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard did not receive any comments to the proposed rule.
Two changes were made to the regulatory text. First, the published NPRM
included an overlap between the buffer zone and the spectator area.
This has been corrected so that these two areas are in fact defined and
separate. Second, the paragraph pertaining to the spectator area was
amended to further explain the regulation for that area. Entrance into
the spectator area will be regulated and all persons and vessels are
prohibited from entering the spectator area unless and until given
permission by the Captain of the Port Miami or designated
representative via radio on channel 16.
This temporary final rule establishes a special local regulation
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 regulation will be enforced daily from 9
a.m. until 5 p.m. from April 19, 2013 until April 21, 2013. The special
local regulation consists 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.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and 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
[[Page 18476]]
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
regulations will be enforced for a maximum of 8 hours a day for 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
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 received no comments from the Small Business
Administration on this rule.
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 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.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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,
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 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 determined
that this rule 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 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 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). 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
[[Page 18477]]
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. Additionally, a supplemental
environmental assessment was conducted to address changes to the annual
reoccurring event. After completing the supplemental 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. This
rule involves the creation of a special local regulation in conjunction
with a regatta or marine parade, and is categorically excluded from
further review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction. The supplemental environmental assessment, 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 rule.
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security Measures, 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. 100.35T07-0150 to read as follows:
Sec. 100.35T07-0150 Special Local Regulation; Stuart Sailfish
Regatta, Indian River, Stuart, 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 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]11'10'' W; thence southeast to
Point 2 in position 27[deg]12'41'' N, 80[deg]11'09'' 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]11'21'' 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]12'40''
N, 80[deg]11'38'' 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
southwest to Point 6 in position 27[deg]12'54'' N, 80[deg]11'26'' W;
thence southeast to Point 7 in position 27[deg]11'52'' N,
80[deg]11'25'' W; thence southwest back to origin. All persons and
vessels, except those persons and vessels enforcing the buffer zone, or
authorized participants or vessels transiting to or from 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 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.
Entering, transiting through, or remaining within the spectator area,
unless given permission by the Captain of the Port Miami or a
designated representative via VHF radio on channel 16.
(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:
(i) Entering, transiting through, anchoring in, or remaining within
the race area, unless participating in the race.
(ii) Entering, transiting through, anchoring in, or remaining
within the buffer zone, unless enforcing the buffer zone or a race
participant transiting to or from the race area.
(iii) Entering, transiting through, or remaining within the
spectator area, unless given permission by the Captain of the Port
Miami or a designated representative via VHF radio on channel 16.
(iv) Traveling in excess of wake speed in the spectator area.
(2) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within any of the three regulated areas
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 a.m. until
5 p.m. daily from April 19, 2013 through April 21, 2013.
Dated: March 7, 2013.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2013-07001 Filed 3-26-13; 8:45 am]
BILLING CODE 9110-04-P