[Federal Register Volume 79, Number 87 (Tuesday, May 6, 2014)]
[Rules and Regulations]
[Pages 25678-25681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10271]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2014-0089]
RIN 1625-AA08
Special Local Regulation; Stuart Sailfish Regatta, Indian River;
Stuart, 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 Indian River located northeast of 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 May 16 through May 18, 2014. Approximately 120 high-speed
power boats will be participating in the event. It is anticipated that
at least 100 spectator vessels will be present during the event. 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 will establish the
following three areas: A race area, where all persons and vessels,
except those 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, where all persons are prohibited from entering
the water or swimming in the designated area.
DATES: This rule is effective from 8 a.m. until 5 p.m. on May 16, 2014
through May 18, 2014.
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 Petty Officer John K. Jennings, Sector Miami Prevention
Department, Coast Guard; telephone (305) 535-4317, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, 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 March 21, 2014, a Notice of Proposed Rulemaking (NPRM) entitled
Special Local Regulation; Stuart Sailfish Regatta, Indian River;
Stuart, FL in the Federal Register (77 FR 79 FR 15715). We 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. Any delay in the effective date of
this rule would be contrary to the public interest, because immediate
action is necessary to protect the safety of the participants from the
dangers associated with other vessels transiting this area while the
race occurs.
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
[[Page 25679]]
provide for the safety of life on the navigable waters of the United
States during the Stuart Sailfish Regatta.
C. Discussion of the Final Rule
From May 16 through May 18, 2014, 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 120 high-speed power boats will be participating in the
event. It is anticipated that at least 100 spectator vessels will be
present during the event.
The special local regulation will encompass certain navigable
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 8 a.m. until 5 p.m. from May 16
through May 18, 2014. The special local regulation will consist of the
following three areas: (1) A race area, where all persons and vessels,
except those 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, where all persons are
prohibited from entering the water or swimming in the designated area.
Persons and vessels may request authorization to enter the special
local regulated area 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 to enter, transit through, anchor in,
or remain within the special local regulated area 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 the designated
representative.
D. Regulatory Analyses
We developed this 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 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) This
special local regulation will be enforced for nine hours a day for
three days; (2) non-participant persons and vessels may enter, transit
through, anchor in, or remain within the regulated area 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 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 any of
the regulated area during the respective enforcement periods. 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 (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 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,
[[Page 25680]]
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). The Coast Guard
previously completed an environmental assessment for this event and
regulation in 2012, as well as conducted a supplemental environmental
assessment in 2013. The event and regulation for the 2012 and 2013
occurrences are similar in all aspects to this year's event and
regulation; therefore the same environmental assessment and
supplemental environmental assessment are being referenced for this
year's event and regulation. The environmental assessment is available
in the docket folder for USCG-2012-0150, and the supplemental
environmental assessment is available in the docket folder USCG-2012-
0150 at www.regulations.gov. This rule involves establishing a special
local regulation that will be enforced from 8 a.m. until 5 p.m. daily
May 16 through 18 2014. This rule is categorically excluded from
further review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction. 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. 100.35T07-0089 to read as follows:
Sec. 100.35T07-0089 Special Local Regulation; Stuart Sailfish
Regatta, Indian River, Stuart, FL.
(a) Regulated Areas. The following regulated area is 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
the following points: starting at Point 1 in position 27[deg]12'46'' N,
80[deg]11'09'' W; thence southeast to Point 2 in position
27[deg]12'41'' N, 80[deg]11'08'' 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]11'20'' 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
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]12'22'' 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
southeast back to origin. 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 the buffer zone.
(3) Spectator Area. All waters of Indian River located northeast of
Ernest Lyons Bridge and south of Joes Cove that are encompassed within
the following points: starting at Point 1 in position 27[deg]12'48'' N,
80[deg]11'43'' W; thence northeast to Point 2 in position
27[deg]12'55'' N, 80[deg]11'26'' W; thence southeast to Point 3 in
position 27[deg]12'52'' N, 80[deg]11'24'' W; thence southwest to Point
4 in position 27[deg]12'40'' N, 80[deg]11'39'' W; thence northwest back
to origin. All persons are prohibited from entering the water or
swimming in 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 Miami in the enforcement of the regulated areas.
(c) Regulations.
(1) Non-participant persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
race area and/or buffer zone of the special local regulated area unless
authorized by Captain of the Port Miami or a designated representative.
All persons are prohibited from entering the water or swimming in the
spectator area. Non-participant persons and vessels may
[[Page 25681]]
request authorization to enter, transit through, anchor in, or remain
within the race area and/or buffer zone of the special local regulated
area 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.
(2) The Coast Guard will provide notice of the special local
regulation by Local Notice to Mariners, Broadcast Notice to Mariners,
and on-scene designated representatives.
(d) Effective Date. This rule will be enforced daily from 8 a.m.
until 5 p.m. from May 16, 2014 through May 18, 2014.
Dated: April 25, 2014.
A.J. Gould,
Captain, U. S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2014-10271 Filed 5-5-14; 8:45 am]
BILLING CODE 9110-04-P