[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Rules and Regulations]
[Pages 34570-34573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13663]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of Lake Dora in Tavares, Florida, during the Pro Hydro-X
Tour, a series of high-speed personal watercraft races. The event is
scheduled for Saturday and Sunday, 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 establishes two areas during each weekend of its
enforcement: A race area, where all persons and vessels, except those
participating in the races, are prohibited from entering; and A buffer
zone around
[[Page 34571]]
the race area, where all persons and vessels, except those enforcing
the buffer zone or authorized participants and vessels transiting to
the race area, are prohibited from entering, unless authorized by the
Captain of the Port Jacksonville or a designated representative.
DATES: This rule will be enforced with actual notice from 9 a.m. on
June 1, 2013, until June 10, 2013. This rule is effective in the Code
of Federal Regulations from June 10, 2013 until 5:30 p.m. on June 9,
2013. This rule will be enforced from 9 a.m. until 5:30 p.m. daily on
June 1-2 and on June 8-9, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0171]. 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 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. Regulatory History and Information
On April 17, 2013, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled Special Local Regulations; Pro Hydro-X Tour,
Lake Dora; Tavares, FL in the Federal Register (78 FR 22808). The Coast
Guard received no comments on the proposed rule. No public meeting was
requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The Coast Guard did not receive
the necessary information with regard to this event in time to provide
both an NPRM and a delayed effective date. As such, any delay in the
effective date for the rule would be impracticable and contrary to the
public interest because the first race will begin on June 1, 2013. As a
result, 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 Pro Hydro-X Tour.
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard did not receive any comments to the proposed rule,
and no changes were made to the regulatory text.
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. The rule will 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)
564-7513, 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 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.
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
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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 zero 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 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.
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), and have determined
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 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. An environmental analysis checklist
supporting this determination and a Categorical Exclusion Determination
are available in the docket where indicated under ADDRESSES.
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 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
[[Page 34573]]
special local regulation. All coordinates are North American Datum
1983.
(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:
(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 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) 564-7513, 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: May 22, 2013.
T.G. Allan, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2013-13663 Filed 6-7-13; 8:45 am]
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