[Federal Register Volume 76, Number 85 (Tuesday, May 3, 2011)]
[Rules and Regulations]
[Pages 24813-24815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10662]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0034]
RIN 1625-AA00


Safety Zone; Fourth Annual Offshore Challenge, Sunny Isles Beach, 
FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
Atlantic Ocean east of Sunny Isles Beach, Florida for the Fourth Annual 
Offshore Challenge. The Fourth Annual Offshore Challenge will consist 
of a series of high-speed boat races. The boat races are scheduled to 
take place from Friday, June 17, 2011 through Sunday, June 19, 2011. 
The temporary safety zone is necessary for the safety of race 
participants, participant vessels, spectators, and the general public 
during the races. Persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the safety zone 
unless authorized by the Captain of the Port Miami or a designated 
representative.

DATES: This rule is effective from 8 a.m. on June 17, 2011 through 5 
p.m. on June 19, 2011. This rule will be enforced daily from 8 a.m. 
until 5 p.m. on June 17, 2011 through June 19, 2011.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2011-0034 and are available online by going to 
http://www.regulations.gov, inserting USCG-2011-0034 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the 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, 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 e-mail Lieutenant Paul A. Steiner, Sector 
Miami Prevention Department, Coast Guard; telephone 305-535-8724, e-
mail [email protected]. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On February 17, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone; Fourth Annual Offshore Challenge, Sunny 
Isles Beach, FL in the Federal Register (76 FR 9278). We received no 
comments on the proposed rule. A public meeting was not requested, and 
none was held.

Background and Purpose

    Offshore Events, LLC is hosting the Fourth Annual Offshore 
Challenge, a series of high-speed boat races. The Fourth Annual 
Offshore Challenge will commence on June 17, 2011 and conclude on June 
19, 2011. The boat races will be held in the Atlantic Ocean offshore of 
Sunny Isles Beach, Florida. Approximately 50 offshore power boats will 
be participating in the boat races. These vessels will be traveling at 
high speeds. Approximately 200 spectator vessels are expected to 
observe the races. The high speed of the participant vessels poses a 
safety hazard to race participants, participant vessels, spectators, 
and the general public. The temporary safety zone is necessary to 
protect race participants, participant vessels, spectators, and the 
general public from the hazards associated with the high-speed boat 
races.

Discussion of Comments and Changes

    There were no comments to the NPRM, and we made no changes to the 
regulation.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    The economic impact of this rule is not significant for the 
following reasons: (1) The rule will be in effect for three days but 
will only be enforced for a total of nine hours each day; (2) although 
persons and vessels will not be able to enter, transit through, anchor 
in, or remain within the safety zone without authorization from the 
Captain of the Port Miami or a designated representative, they may 
operate in the surrounding area during the enforcement period; (3) 
persons and vessels may still enter, transit through, anchor in, or 
remain within the safety zone if authorized by the Captain of the Port 
Miami or a designated representative; and (4) advance notification of 
the safety zone will be made to the local maritime community via local 
notice to mariners, marine safety information bulletins, and broadcast 
notice to mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 for the reasons discussed in the Regulatory Planning and 
Review section above.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects

[[Page 24814]]

on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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). We are also issuing a 
marine event permit for this event. Because the issuance of the marine 
permit for this event is not an action that is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment, we conducted an environmental 
assessment for both the issuance of the marine event permit and the 
establishment of this temporary safety zone. After conducting the 
environmental assessment for the issuance of the marine event permit 
and the establishment of this temporary safety zone, we have concluded 
these actions will not significantly affect the human environment. The 
environmental assessment and finding of no significant impact are 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add a temporary Sec.  165.T07-0034 to read as follows:


Sec.  165.T07-0034  Safety Zone; Fourth Annual Offshore Challenge, 
Sunny Isles Beach, FL.

    (a) Regulated Area. The following regulated area is a safety zone. 
All waters of the Atlantic Ocean east of Sunny Isles Beach, FL 
encompassed within an imaginary line connecting the following points: 
starting at Point 1 in position 25[deg]57[min]45'' N, 
80[deg]07[min]05'' W; thence east to Point 2 in position 
25[deg]57[min]43'' N, 80[deg]05[min]59'' W; thence south to Point 3 in 
25[deg]54[min]03'' N, 80[deg]05[min]59'' W; thence west to Point 4 in 
position 25[deg]54[min]04'' N, 80[deg]07[min]18'' W; thence north back 
to origin. All coordinates are North American Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast 
Guard

[[Page 24815]]

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) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the Captain of the Port Miami or a 
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the Captain of the 
Port Miami via telephone at 305-535-4472, or a designated 
representative via VHF radio on channel 16, to seek permission. If 
permission 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 
permission must comply with the instructions of the Captain of the Port 
Miami or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area via 
local notice to mariners, marine safety information bulletins, 
broadcast notice to mariners, and by on-scene designated 
representatives.
    (d) Effective Date and Enforcement Periods. The rule is effective 
from 8 a.m. on June 17, 2011 through 5 p.m. on June 19, 2011. The rule 
will be enforced daily from 8 a.m. until 5 p.m. on June 17, 2011 
through June 19, 2011.

    Dated: March 25, 2011.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2011-10662 Filed 5-2-11; 8:45 am]
BILLING CODE 9110-04-P