[Federal Register Volume 78, Number 109 (Thursday, June 6, 2013)]
[Rules and Regulations]
[Pages 33969-33971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13423]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2013-0250]
RIN 1625-AA08
Special Local Regulations; Daytona Beach Grand Prix of the Sea,
Atlantic Ocean; Daytona Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of the Atlantic Ocean east of Daytona Beach, Florida, during
the Daytona Beach Grand Prix of the Sea, a series of high-speed boat
races. The event is scheduled to take place on Friday through Sunday,
June 14-16, 2013. Approximately 40 high-speed race boats are
anticipated to participate in the races, and approximately 25 spectator
vessels are expected to attend the event. This special local regulation
is necessary to provide for the safety of life on navigable waters of
the United States during the races. The special local regulation
consists of the following two areas: a race area, where all persons and
vessels, except those participating in the high-speed boat races, are
prohibited from entering, transiting, anchoring, or remaining; and a
buffer zone around the race area, where all persons and vessels, except
those enforcing the buffer zone, are prohibited from entering,
transiting, anchoring, or remaining unless authorized by the Captain of
the Port Jacksonville or a designated representative.
DATES: This rule is effective from 9 a.m. on June 14, 2013, until 4
p.m. on June 16, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0250. 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 ``Keyword'' box, and then 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
temporary final rule, call or email Lieutenant Commander Robert Butts,
Sector Jacksonville Office of Waterways Management, Coast Guard;
telephone (904) 564-7563, email [email protected]. If you have
questions on viewing 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
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 regarding the event with sufficient time to
publish an 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 race boat participants, participant race craft,
spectators, and the general public.
Under 5 U.S.C. 553(d)(3), for the reasons stated above, 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 ensure safety of life on navigable waters of the United
States during the Daytona Beach Grand Prix of the Sea.
C. Discussion of the Final Rule
On Friday through Sunday, June 14-16, 2013, Powerboat P1-USA will
host the Daytona Beach Grand Prix of the Sea, a series of high-speed
boat races. The event will be held on the waters of the Atlantic Ocean
east of Daytona Beach, Florida. Approximately 40 high-speed power boats
are anticipated to participate in the races. It is anticipated
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that at least 25 spectator vessels will be present during the event.
The special local regulation will encompass certain waters of the
Atlantic Ocean east of Daytona Beach, Florida. The special local
regulation will be enforced daily from 9 a.m. until 4 p.m., on June 14
to 16, 2013.
The special local regulation will consist of the following two
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, 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, are
prohibited from entering, transiting, anchoring, or remaining.
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)
564-7513, 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 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 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 21 hours over the course of three days; (2) although non-
participant persons and vessels will not be able to enter, transit
through, anchor in, or remain within the race area or buffer zone
without authorization from the Captain of the Port Jacksonville or a
designated representative, they may operate in the surrounding area
during the enforcement period; (3) non-participant 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.
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 waters
encompassed within the special local regulation during the daily
enforcement period of 9 a.m. until 4 p.m. on June 14 to 16, 2013.
For the reasons discussed in the Executive Order 12866 and
Executive Order 13563 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 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 State, 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 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 cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and
[[Page 33971]]
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), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves the establishment of 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. An 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 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 a temporary Sec. 100.35T07-0250 to read as follows:
Sec. 100.35T07-0250 Special Local Regulations; Daytona Beach Grand
Prix of the Sea, Atlantic Ocean; Daytona Beach, FL.
(a) Regulated Areas. The following regulated areas are established.
All coordinates are North American Datum 1983.
(1) Race Area. All waters of the Atlantic Ocean located east of
Daytona Beach encompassed within an imaginary line connecting the
following points: starting at Point 1 in position 29[deg]14'60'' N,
81[deg]00'77'' W; thence east to Point 2 in position 29[deg]14'78'' N,
80[deg]59'80'' W; thence south to Point 3 in position 28[deg]13'86'' N,
80[deg]59'76'' W; thence west to Point 4 in position 29[deg]13'68'' N,
81[deg]00'28'' W; thence north back to origin.
(2) Buffer Zone. All waters of the Atlantic Ocean located east of
Daytona Beach, excluding the race area, and encompassed within an
imaginary line connecting the following points: starting at Point 1 in
position 29[deg]14'54'' N, 80[deg]00'77'' W; thence east to Point 2 in
position 29[deg]14'72'' N, 81[deg]00'23'' W; thence south to Point 3 in
position 29[deg]13'91'' N, 80[deg]59'84'' W; thence west to Point 4 in
position 29[deg]13'70'' N, 81[deg]00'34'' W; thence north back to
origin.
(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
entering, transiting through, anchoring in, or remaining within Race
Area unless an authorized race participant.
(2) All persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within Buffer Zone
except for those vessels enforcing the buffer zone or authorized race
participants transiting to the race area.
(3) Vessels that are neither participating in the race nor
enforcing the buffer zone are prohibited from entering the regulated
areas unless authorized by the Captain of the Port Jacksonville or a
designated representative.
(4) 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) 564-7513, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated areas 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.
(5) 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
4 p.m. daily on June 14 to 16, 2013.
Dated: May 24, 2013.
T.G. Allan, Jr.,
Captain, U. S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2013-13423 Filed 6-5-13; 8:45 am]
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