[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Rules and Regulations]
[Pages 22414-22417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09883]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2017-0167]
RIN 1625-AA08
Special Local Regulation, 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. This special local regulation is
necessary for the safety of race participants, participant vessels,
spectators, and the general public during the event. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the regulated area while high-speed boats are
operating.
DATES: This rule will be effective from 9 a.m. on May 19 through 6 p.m.
on May 21, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0167 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Mara Brown, Sector Miami Waterways
Management Division, U.S. Coast Guard; telephone 305-535-4317, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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
[[Page 22415]]
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
insufficient time remains to publish a NPRM and to receive public
comments, as the Stuart Sailfish Regatta event will occur before the
rulemaking process would be completed. For those reasons, it would be
impracticable to publish a NPRM.
Under 5 U.S.C. 553(d)(3), for the reasons cited above, the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 33
U.S.C. 1233. The Captain of the Port Miami (COTP) has determined that
potential hazards associated with the regatta will pose a risk to
anyone in the established race and buffer zone. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the regulated area while high-speed boats are operating.
IV. Discussion of the Rule
From May 19 through May 21, 2017, Stuart Sailfish Regatta, Inc. is
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 150 high-speed power boats are participating in the
event. It is anticipated that at least 100 spectator vessels will be
present during the event.
This rule establishes a special local regulation that encompasses
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 consists of the following four 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; (3) spectator area one,
north of the race area where all persons are prohibited from entering
the water or swimming in the designated area; and (4) spectator area
two, west of the race 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
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, to request authorization. If authorization to enter,
transit through, anchor in, or remain within the 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 a
designated representative.
V. 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 and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') direct agencies to
assess the costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, OMB has not reviewed it.
As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
This regulatory action determination is based on the size,
location, duration, and time-of-year of the special local regulation.
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. 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. The Coast Guard will provide
advance notification of the special local regulation to the local
maritime community by Local Notice to Mariners, Broadcast Notice to
Mariners and on-scene designated representative.
B. Impact on Small Entities
The Regulatory Flexibility Act of 19, 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.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
V.A. above, this rule will not have a significant economic impact on
any vessel owner or operator.
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
section.
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
[[Page 22416]]
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. 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.
F. 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 (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) 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.
G. 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.
List of Subjects in 33 CFR Part 100
Harbors, 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. 100.35T07-0167 to read as follows:
Sec. 100.35T07-0167 Special Local Regulation; Stuart Sailfish
Regatta, Indian River, Stuart, FL.
(a) Location. The following regulated areas are 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]12'47''
N., 080[deg]11'10'' W.; thence south to Point 2 in position
27[deg]12'42'' N., 080[deg]11'08'' W.; thence southwest to Point 3 in
position 27[deg]12'37'' N., 080[deg]11'12'' W.; thence southwest to
Point 4 in position 27[deg]12'34'' N., 080[deg]11'18'' W.; thence
southwest to Point 5 in position 27[deg]12'32'' N., 080[deg]11'23'' W.;
thence west to Point 6 in position 27[deg]12'32'' N., 080[deg]11'27''
W.; thence northwest to Point 7 in position 27[deg]12'34'' N.,
080[deg]11'31'' W.; thence northwest to Point 8 in position
27[deg]12'39'' N., 080[deg]11'33'' W.; thence northeast to Point 9 in
position 27[deg]12'43'' N., 080[deg]11'31'' W.; thence northeast to
Point 10 in position 27[deg]12'47'' N., 080[deg]11'26'' W.; thence
northeast to Point 11 in position 27[deg]12'49'' N., 080[deg]11'21''
W.; thence east to Point 12 in position 27[deg]12'50'' N.,
080[deg]11'16'' 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]12'41''
N., 080[deg]11'39'' W.; thence northeast to Point 2 in position
27[deg]12'54'' N., 080[deg]11'22'' W.; thence northwest to Point 3 in
position 27[deg]12'55'' N., 080[deg]11'23'' W.; thence northeast to
Point 4 in position 27[deg]13'05'' N., 080[deg]11'01'' W.; thence
southwest to Point 5 in position 27[deg]12'47'' N., 080[deg]11'04'' W.;
thence southeast to Point 6 in position 27[deg]12'35'' N.,
080[deg]11'00'' W.; thence southwest to Point 7 in position
27[deg]12'22'' N., 080[deg]11'28'' W.; thence northwest 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 one. 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., 080[deg]11'42'' W.; thence northeast to
Point 2 in position 27[deg]12'59'' N., 080[deg]11'26'' W.; thence
southeast to Point 3 in position 27[deg]12'54'' N., 080[deg]11'22'' W.;
thence southwest to Point 4 in position 27[deg]12'43'' N.,
080[deg]11'38'' W.; thence northwest back to origin. All persons are
prohibited from entering the water or swimming in the spectator area.
(4) Spectator area two. All waters of Indian River located north of
Ernest Lyons Bridge and west of the Intracoastal Waterway encompassed
within the following points: Starting at Point 1 in position
27[deg]12'54'' N., 080[deg]11'56'' W.; thence northeast to Point 2 in
position 27[deg]12'56'' N., 080[deg]11'51'' W.; thence southeast to
Point 3 in position 27[deg]12'25'' N., 080[deg]11'33'' W.; thence
southwest to Point 4 in position 27[deg]12'23'' N., 080[deg]11'37'' W.;
thence
[[Page 22417]]
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 area.
(c) Regulations. (1) Non-participant persons and vessels are
prohibited from entering the race area and buffer zone. Non-participant
persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the 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 regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners and/or on-scene
designated representatives.
(d) Enforcement period. This rule will be daily from 9 a.m. to 6
p.m. on May 19 through May 21, 2017.
Dated: May 3, 2017.
M.M. Dean,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2017-09883 Filed 5-15-17; 8:45 am]
BILLING CODE 9110-04-P