[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Rules and Regulations]
[Pages 38823-38825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17238]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2017-0556]
RIN 1625-AA08
Special Local Regulation, Islamorada Grand Prix of the Seas,
Islamorada, 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 in the vicinity of Islamorada, FL
during the Islamorada Grand Prix of the Seas high-speed boat race.
Approximately 70 high-speed boats and personal watercraft are expected
to participate in the race, in addition to spectators. The special
local regulation is necessary to ensure the safety of race
participants, participant vessels, spectators, and the general public
on navigable waters of the United States during the event. The special
local regulation will establish two regulated areas: a race area and
buffer zone; and a spectator area. This special local regulation
prohibits non-participant persons and vessels from entering, transiting
through, anchoring in, or remaining within the race area or buffer zone
and prohibits vessels from transiting in excess of wake speed within
the spectator area unless authorized by the Captain of the Port Key
West or a designated representative.
DATES: This rule is effective from daily from 8 a.m. to 5 p.m. on
August 19, 2017 through August 20, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0556 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 Lieutenant Scott Ledee, Waterways Management Division
Chief, Sector Key West, FL, U.S. Coast Guard; telephone (305) 292-8768,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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 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
an NPRM and to receive public comments, as the Islamorada Grand Prix
event will occur before the rulemaking process would be completed.
Because of the dangers associated with high-speed races in the marine
environment, the special local regulation is necessary to provide for
the safety of event participants, spectators, the general public, and
vessels transiting the event area. For those reasons, it would be
impracticable to publish an NPRM.
For the reason discussed above, under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making this
[[Page 38824]]
rule effective less than 30 days after publication in the Federal
Register.
III. Legal Authority and Need for Rule
The legal basis for this rule is the Coast Guard's authority to
establish special local regulations is 33 U.S.C. 1233. The purpose of
the rule is to ensure safety of life on the navigable waters of the
United States during the Islamorada Grand Prix of the Seas high-speed
race event.
IV. Discussion of the Rule
This rule establishes a special local regulation that will
encompass certain waters in the vicinity of Islamorada, Florida, during
the Islamorada Grand Prix of the Seas high-speed boat race. The special
local regulation will be enforced daily from 8 a.m. to 5 p.m. on August
19, 2017 through August 20, 2017. The special local regulation will
establish the following regulated areas: (1) A race area and buffer
zone; and (2) a spectator area. Within the race area and buffer zone,
non-participant persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the regulated
area without obtaining permission from the COTP Key West or a
designated representative. Within the spectator area, all persons and
vessels are prohibited from traveling in excess of wake speed without
obtaining permission from the COTP Key West or a designated
representative.
Persons and vessels may request authorization to enter, transit
through, anchor in, remain within, or transit in excess of wake speed
within the regulated area by contacting the COTP Key West by telephone
at ((305) 292-8772 or a designated representative via VHF radio on
channel 16. If authorization is granted by the COTP Key West or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the COTP Key West or
a designated representative. The Coast Guard will provide notice of the
regulated areas by Local Notice to Mariners, Broadcast Notice to
Mariners, or by on-scene designated representatives.
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
Executive Orders 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 costs and
benefits, reducing costs, harmonizing rules, and 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 the OMB 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).
The economic impact of this rule is not significant for the
following reasons: (1) The special local regulation will be enforced
for only nine hours daily, from August 19, 2017 through August 20,
2017; (2) although persons and vessels may not enter, transit through,
anchor in, or remain within the race area or buffer zone without
authorization from the COTP Key West or a designated representative,
vessel traffic will be able to safely transit around the regulated
areas; (3) persons and vessels would still be able to enter, transit
through, anchor in, or remain within the race area and buffer zone or
transit in excess of wake speed in the spectator zone if authorized by
the COTP Key West or a designated representative; and (4) the Coast
Guard will provide advance notice of the special local regulation to
the local maritime community by Local Notice to Mariners, Broadcast
Notice to Mariners, or by on-scene designated representatives.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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 areas 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 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
[[Page 38825]]
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 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 that will prohibit non-
participant persons and vessels from entering, transiting through,
anchoring in, or remaining within a limited race area and will also
prohibit persons and vessels from transiting at more than wake speed
within a limited spectator area during a two day race event lasting
nine hours daily. This rule is categorically excluded from further
review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction. A Record of Environmental Consideration (REC) supporting
this determination is 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.
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
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.T07-0556 to read as follows:
Sec. 100.T07-0556 Special Local Regulations; Islamorada Grand Prix of
the Seas; Islamorada, FL
(a) Location. The following regulated areas are established as a
special local regulation. All coordinates are North American Datum
1983.
(1) Race Area and Buffer Zone. All waters in the vicinity of
Islamorada, FL encompassed within an imaginary line connecting the
following points: Starting at Point 1 in position 24[deg]56.300' N.,
080[deg]34.750' W.; thence west to Point 2 in position 24[deg]55.750'
N., 080[deg]35.570' W.; thence south to Point 3 in position
24[deg]55.153' N., 080[deg]35.306' W.; thence east to Point 4 in
position 24[deg]55.643' N., 080[deg]34.464' W.; thence north back to
the point of origin in position 24[deg]56.300' N., 080[deg]34.750' W.
(2) Spectator Area. All waters in the vicinity of Islamorada
excluding the regulated area, encompassed within an imaginary line
connecting the following points: Starting at Point 1 in position
24[deg]56.17' N., 080[deg]35.08' W.; thence west to Point 2 in position
24[deg]56.02' N., 080[deg]35.30' W.; thence south to Point 3 in
position 24[deg]55.96' N., 080[deg]35.26' W.; thence east to Point 4 in
position 24[deg]56.11' N., 080[deg]35.04' W.; thence north back to the
point of origin in position 24[deg]56.17' N., 080[deg]35.08' W.
(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 Key West in the enforcement of the regulated areas.
(c) Regulations. (1) All non-participant persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the race area and buffer zone unless authorized by the
Captain of the Port Key West or a designated representative.
(2) All persons and vessels are prohibited from transiting in
excess of wake speed in the spectator area, unless authorized by the
Captain of the Port Key West or a designated representative.
(3) Persons and vessels desiring to enter, transit through, anchor
in, remain within or transit in excess of wake speed within any of the
regulated areas may contact the Captain of the Port Key West by
telephone at (305) 292-8772, or a designated representative via VHF-FM
radio on channel 16 to request authorization. If authorization is
granted, all persons and vessels receiving such authorization must
comply with the instructions of the Captain of the Port Key West or a
designated representative.
(4) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, or by on-scene
designated representatives.
(d) Enforcement Period. This rule will be enforced daily from 8
a.m. to 5 p.m. on August 19, 2017 through August 20, 2017.
Dated: August 10, 2017.
J.A. Janszen,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2017-17238 Filed 8-15-17; 8:45 am]
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