[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Proposed Rules]
[Pages 22811-22814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09021]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2013-0097]
RIN 1625-AA08
Special Local Regulations; Mayaguez Grand Prix, Mayaguez Bay;
Mayaguez, PR
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 of Mayaguez Bay in Mayaguez, Puerto Rico
during the Mayaguez Grand Prix, a high speed boat race. The event is
scheduled to take place on Sunday, June 9, 2013. Approximately 30 high-
speed power boats will be participating in the races. The 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 will establish the following three
areas: (1) One 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 areas, where all
persons and vessels, except those persons and vessels enforcing the
buffer zone, are prohibited from entering, transiting through,
anchoring in, or remaining within; and (3) a spectator area, where all
vessels are prohibited from anchoring and from traveling in excess of
wake speed, unless authorized by the Captain of the Port San Juan 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 Chief Warrant Officer Anthony Cassisa, Sector San Juan
Prevention Department, Coast Guard; telephone (787) 289-2073, 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. 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
[[Page 22812]]
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-2013-0097 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-2013-0097 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 the Mayaguez Grand Prix.
On June 9, 2013, Puerto Rico Offshore Series, Inc. is sponsoring
the Mayaguez Grand Prix, a series of high-speed boat races. The races
will be held on the waters of Mayaguez Bay in Mayaguez, Puerto Rico.
Approximately 30 high-speed power boats will be participating in the
races. It is anticipated that approximately 40 spectator vessels will
be present during the races.
C. Discussion of Proposed Rule
The special local regulation encompasses certain waters of Mayaguez
Bay in Mayaguez, Puerto Rico. The special local regulation will be
effective from 11 a.m. until 3 p.m. on June 9, 2013. The special local
regulation consists of the following three areas: (1) One 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 areas, where all persons and vessels,
except those persons and vessels enforcing the buffer zone, are
prohibited from entering, transiting through, anchoring in, or
remaining within; and (3) a spectator area, where all vessels are
prohibited from anchoring and from traveling in excess of wake speed,
unless authorized by the Captain of the Port San Juan or a designated
representative.
Persons and vessels may request authorization by contacting the
Captain of the Port San Juan by telephone at (787) 289-2041, or a
designated representative via VHF radio on channel 16, to: (1) Enter,
transit through, anchor in, or remain within the race areas or the
buffer zone; (2) anchoring in the spectator area; or (3) traveling in
excess of wake speed in the spectator zone. If authorization is granted
by the Captain of the Port San Juan or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port San Juan 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 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 four hours; (2) although persons and vessels will not be able
to enter, transit through, anchor in, or remain within the race area
and buffer zone, or anchor or travel in excess of wake speed in the
spectator area, without authorization from the Captain of the Port San
Juan or a designated representative, they may operate in the
surrounding area during the enforcement period; (3) persons and vessels
may still enter, transit through, anchor in, or remain within the race
areas and buffer zone, or anchor in the spectator area, during the
enforcement period if authorized by the Captain of the Port San Juan 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.
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 Mayaguez
Bay encompassed within the special local regulation from 11 a.m. until
3 p.m. on
[[Page 22813]]
June 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 the
creation of a special local regulation in conjunction with a regatta or
marine parade to ensure the safety of race participants, participant
vessels, spectators, and the general public during the event. This rule
is categorically excluded from further review under paragraph 34(h) 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. 100.35T07-0097 to read as follows:
Sec. 100.35T07-0097 Special Local Regulations; Mayaguez Grand Prix,
Mayaguez Bay; Mayaguez, Puerto Rico.
(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 Mayaguez Bay encompassed within an
imaginary line connecting the following points: starting at Point 1 in
position 18[deg]12.283 N, 67[deg]09.602 W; thence northwest to Point 2
in position 18[deg]21.336 N, 67[deg]09.798 W; thence southwest to Point
3 in position 18[deg]11.401 N, 67[deg]10.843 W; thence southeast to
point 4 in position 18[deg]11.321 N, 67[deg]10.762 W; thence northeast
to point 5 in position 18[deg]11.737 N, 67[deg]09.771 W; thence north
back to origin. All persons and vessels, except those persons and
vessels
[[Page 22814]]
participating in the high-speed boat race, are prohibited from
entering, transiting through, anchoring in, or remaining within the
race area.
(2) Buffer Zone. All waters of Mayaguez Bay encompassed within an
imaginary line connecting the following points: starting at Point 1 in
position 18[deg]12.390 N, 67[deg]09.795 W; thence southwest to Point 2
in position 18[deg]11.398 N, 67[deg]10.902 W; thence southeast to Point
3 in position 18[deg]11.284 N, 67[deg]10.780 W; thence northeast to
point 4 in position 18[deg]11.707 N, 67[deg]09.727 W; thence north to
point 5 in position 18[deg]12.304 N, 67[deg]09.554 W; thence northwest
back to origin. All persons and vessels except those persons and
vessels enforcing the buffer zone, or race participants 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 Mayaguez Bay 200 yards east of an
imaginary line connecting the following points: starting at Point 1 in
position 18[deg]12.135 N, 67[deg]09.396 W; thence southwest to Point 2
in position 18[deg]11.630 N, 67[deg]09.616 W; thence southwest to Point
3 in position 18[deg]11.156 N, 67[deg]10.670 W. All vessels are
prohibited from anchoring and traveling in excess of wake speed in the
spectator area. 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 San Juan in the enforcement of the regulated areas.
(c) Regulations.
(1) Except for those persons and vessels participating in the race,
all persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within the race area. Except for
those persons and vessels enforcing the buffer zone, all persons and
vessels are prohibited from entering, transiting through, anchoring in,
or remaining within the buffer area. Except for those persons and
vessels who are participating as spectators, all persons are prohibited
from entering, transiting through, anchoring in, or traveling in excess
of wake speed in the spectator area. Persons and vessels may request
authorization to enter, transit through, anchor in, remain within the
regulated areas, or to travel in excess of wake speed in the spectator
area, by contacting the Captain of the Port San Juan by telephone at
(787) 289-2041, or a designated representative via VHF radio on channel
16. If authorization is granted by the Captain of the Port San Juan or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port San Juan 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.
(d) Effective Date. This rule is effective from 11 a.m. until 3
p.m. on June 9, 2013.
Dated: March 22, 2013.
D.W. Pearson,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2013-09021 Filed 4-16-13; 8:45 am]
BILLING CODE 9110-04-P