[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Proposed Rules]
[Pages 22808-22811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08984]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2013-0171]
RIN 1625-AA08
Special Local Regulations; Pro Hydro-X Tour, Lake Dora; Tavares,
FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a special local
regulation on the waters on Lake Dora in Tavares, Florida during the
Pro Hydro-X Tour, a series of high-speed personal watercraft races. The
event is scheduled to take place on Saturday and Sunday, June 1-2 and
June 8-9, 2013. Approximately 75 vessels are anticipated to participate
in the races. This special local regulation is necessary to ensure the
safety of life on navigable waters of the United States during the
races. The special local regulation would consist of the following two
areas during each weekend of its enforcement: (1) A race area, where
all persons and vessels, except those persons and vessels participating
in the high-speed personal watercraft races, are prohibited from
entering, transiting, anchoring, or remaining; and (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 and vessels transiting to the race area, are prohibited
from entering, transiting, anchoring, or remaining unless authorized by
the Captain of the Port Jacksonville or a designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before May 17, 2013. Requests for public meetings must be
received by the Coast Guard on or May 1, 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 Commander Robert Butts, Sector Jacksonville
Office of Waterways Management, U.S. Coast Guard; telephone (904) 564-
7563, 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. 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.
[[Page 22809]]
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-2013-0171] 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-2013-0171 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).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, 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. 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 ensure safety of life on navigable waters of the United
States during a regatta or marine parade.
On Saturday and Sunday, June 1-2 and June 8-9, 2013, H2X Racing
Promotions will host the Pro Hydro-X Tour, a series of high-speed
personal watercraft races. The Pro Hydro-X Tour will be held on Lake
Dora in Tavares, Florida. Approximately 75 vessels are anticipated to
participate in the races. No spectator vessels are expected to attend
the Pro Hydro-X Tour. In prior years, the two weekends of the event
were spaced farther apart and multiple temporary regulations were
issued for this same event. This year, due to the close proximity in
time of the event, only a single regulation will be issued and
enforced.
C. Discussion of Proposed Rule
The proposed rule would establish a special local regulation that
encompasses certain waters of Lake Dora in Tavares, Florida. The
special local regulation will be enforced from 9 a.m. until 5:30 p.m.
on June 1-2 and June 8-9, 2013. This special local regulation is
necessary to ensure the safety of life on navigable waters of the
United States during the races. The special local regulation will
consist of the following two areas during each weekend that it is
enforced: (1) A race area, where all persons and vessels, except those
persons and vessels participating in the high-speed personal watercraft
races, are prohibited from entering, transiting, anchoring, or
remaining; and (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 transiting to and from the race
area, are prohibited from entering, transiting, anchoring, or remaining
unless authorized by the Captain of the Port Jacksonville or a
designated representative.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the race area or buffer zone by
contacting the Captain of the Port Jacksonville by telephone at (904)
564-7511, or a designated representative via VHF radio on channel 16.
If authorization to enter, transit through, anchor in, or remain within
the race area or buffer zone is granted by the Captain of the Port
Jacksonville or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port Jacksonville or a designated representative. The
Coast Guard will provide notice of the special local regulations by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
D. 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 rule is not significant for the
following reasons: (1) The special local regulation will be enforced
for only 34 hours; (2) although persons and vessels will not be able to
enter, transit through, anchor in, or remain within the race area or
buffer zone without being an authorized participant or enforcing the
buffer zone, or receiving authorization from the Captain of the Port
Jacksonville or a designated representative, they may operate in the
surrounding area during the enforcement periods; (3) nonparticipant
persons and vessels may still enter, transit through, anchor in, or
remain within the race area or buffer zone if authorized by the Captain
of the Port Jacksonville or a designated representative; 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.
[[Page 22810]]
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 that
portion of Lake Dora encompassed within the special local regulation
from 9 a.m. until 5:30 p.m. on June 1-2, 2013 and June 8-9, 2013. 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.
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), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves a special local regulation issued in conjunction with a
regatta or marine parade. This rule is categorically excluded from
further review under paragraph 34(h) and 35(b) of Figure 2-1 of the
Commandant Instruction. A preliminary environmental analysis checklist
supporting this determination and a Categorical Exclusion Determination
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 Sec. 100.35T07-0171 to read as follows:
Sec. 100.35T07-0171 Special Local Regulations; Pro Hydro-X Tour, Lake
Dora, Tavares, FL.
(a) Regulated Areas. The following regulated areas are established
as a special local regulation. All coordinates are North American Datum
1983.
[[Page 22811]]
(1) Race Area. All waters of Lake Dora encompassed within an
imaginary line connecting the following points: starting at Point 1 in
position 28[deg]47'57'' N, 81[deg]43'39'' W; thence south to Point 2 in
position 28[deg]47'55'' N, 81[deg]43'39'' W; thence east to Point 3 in
position 28[deg]47'55'' N, 81[deg]43'22'' W; thence north to Point 4 in
position 28[deg]47'58'' N, 81[deg]43'22'' W; thence west back to
origin. All persons and vessels, except those persons and vessels
participating in the high-speed personal watercraft races, are
prohibited from entering, transiting through, anchoring in, or
remaining within the race area.
(2) Buffer Zone. All waters of Lake Dora, excluding the race area,
encompassed within an imaginary line connecting the following points:
Starting at Point 1 in position 28[deg]47'59'' N, 81[deg]43'41'' W;
thence south to Point 2 in position 28[deg]47'53'' N, 81[deg]43'41'' W;
thence east to Point 3 in position 28[deg]47'53'' N, 81[deg]43'19'' W;
thence north to Point 4 in position 28[deg]47'59'' N, 81[deg]43'19'' W;
thence west back to origin. All persons and vessels except those
persons and vessels enforcing the buffer zone, or authorized
participants transiting to or from the race area, are prohibited from
entering, transiting through, anchoring in, or remaining within the
buffer zone.
(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 Jacksonville in the enforcement of the regulated
areas.
(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) Entering, transiting through, anchoring in, or remaining within
the buffer zone, unless enforcing the buffer zone or an authorized race
participant transiting to or from the race area.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated areas may contact the Captain of the
Port Jacksonville by telephone at (904) 564-7511, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization is granted by the Captain of the Port Jacksonville or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Jacksonville or a designated representative.
(3) The Coast Guard will provide notice of the regulated areas to
the public by Local Notice to Mariners, Broadcast Notice to Mariners,
and on-scene designated representatives.
(d) Enforcement Period. This rule will be enforced from 9 a.m.
until 5:30 p.m. on June 1-2, 2013 and June 8-9, 2013.
Dated: March 26, 2013.
R.E. Holmes,
Commander, U.S. Coast Guard, Acting Captain of the Port, Jacksonville.
[FR Doc. 2013-08984 Filed 4-16-13; 8:45 am]
BILLING CODE 9110-04-P