[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Rules and Regulations]
[Pages 26931-26933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11341]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0143]
RIN 1625-AA00


Safety Zone; Second Annual Space Coast Super Boat Grand Prix, 
Atlantic Ocean, Cocoa Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Atlantic Ocean east of Cocoa Beach, Florida during the 
Second Annual Space Coast Super Boat Grand Prix. The Second Annual 
Space Coast Super Boat Grand Prix will consist of a series of high-
speed boat races. The event is scheduled to take place on Saturday, May 
21, 2011 and Sunday, May 22, 2011. The temporary safety zone is 
necessary for the safety of race participants, participant vessels, 
spectators, and the general public during the event. 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 Jacksonville or a designated representative.

DATES: This rule is effective from 10 a.m. on May 21, 2011 through 5:30 
p.m. on May 22, 2011. This rule will be enforced from 10 a.m. until 4 
p.m. on May 21, 2011, and 9 a.m. until 5:30 p.m. on May 22, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0143 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0143 in the 
``Keyword'' box, and then clicking ``Search.'' They are 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 rule, call or e-mail Lieutenant John E. Adkins, Sector 
Jacksonville Prevention Department, Coast Guard; telephone 904-564-
7563, 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

    The Coast Guard is issuing this temporary final 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 the Coast Guard did not receive 
notice of the event with sufficient time to publish an NPRM and to 
receive public comments prior to the event. Any delay in the effective 
date of this rule would be contrary to the public interest because 
immediate action is needed to minimize the potential danger to race 
participants, participant vessels, spectators, and the general public.
    For the same reasons, the Coast Guard finds under 5 U.S.C. 
553(d)(3) that good cause exists for making this rule effective less 
than 30 days after publication in the Federal Register.

Background and Purpose

    Super Boat International Productions, Inc., is hosting the Second 
Annual Space Coast Super Boat Grand Prix, a series of high-speed boat 
races. The event will commence on May 21, 2011 and conclude on May 22, 
2011. The event will be held on the waters of the Atlantic Ocean east 
of Cocoa Beach, Florida. Approximately 30 high-speed power boats will 
be participating in the races, and it is expected that 100 spectator 
vessels will be present in the area during 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 event.

Discussion of Rule

    The safety zone encompasses certain navigable waters of the 
Atlantic Ocean in the vicinity of Cocoa Beach, Florida. The safety zone 
will be enforced from 10 a.m. until 4 p.m. on Saturday, May 21, 2011, 
and from 9 a.m. until 5:30 p.m. on Sunday, May 22, 2011. 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 Jacksonville or a designated representative. Persons and 
vessels desiring to enter, transit through, anchor in, or remain within 
the safety zone may contact the Captain of the Port Jacksonville by 
telephone at 904-564-7511, or his designated representative via VHF 
radio on channel 16, to request authorization. The Coast Guard will be 
providing notice of the safety zone via Local Notice to Mariners and 
Broadcast Notice to Mariners. On-scene notice will also be provided by 
the Coast Guard or local law enforcement.

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 safety zone will be enforced for only 14.5 
hours; (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 Jacksonville or a designated 
representative, they may operate in the surrounding area during the 
effective 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

[[Page 26932]]

Jacksonville or a designated representative; and (4) advance 
notification will be made to the local maritime community via Local 
Notice to Mariners 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. 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 the 
Atlantic Ocean encompassed within the safety zone from 10 a.m. until 4 
p.m. on May 21, 2011, and 9 a.m. until 5:30 p.m. on May 22, 2011. 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects 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), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule involves the establishment of a temporary safety zone on the 
waters of Atlantic Ocean that will be enforced for a total of 14.5 
hours. An environmental analysis checklist and a categorical exclusion 
determination 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

[[Page 26933]]

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.T07-0143 to read as follows:


Sec.  165.T07-0143  Safety Zone; Second Annual Space Coast Super Boat 
Grand Prix, Atlantic Ocean, Cocoa Beach, FL.

    (a) Regulated area. The following regulated area is a safety zone: 
all waters of the Atlantic Ocean located east of Cocoa Beach, FL and 
encompassed within an imaginary line connecting the following points: 
Starting at Point 1 in position 28[deg]22'16'' N, 80[deg]36'04'' W; 
thence west to Point 2 in position 28[deg]22'15'' N, 80[deg]35'39'' W; 
thence south to Point 3 in position 28[deg]19'47'' N, 80[deg]35'55'' W; 
thence east to Point 4 in position 28[deg]19'47'' N, 80[deg]36'22'' W; 
thence north back to origin. All coordinates are North American Datum 
1983.
    (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 
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 
Jacksonville 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 Jacksonville by telephone at 904-564-7511, 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 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 his designated representative.
    (3) The Coast Guard will provide notice of the regulated area 
through advanced notice via Local Notice to Mariners, Broadcast Notice 
to Mariners, and by on-scene designated representatives.
    (d) Effective date and enforcement period. This rule is effective 
from 10 a.m. on May 21, 2011 through 5:30 p.m. on May 22, 2011. The 
regulated area will be enforced from 10 a.m. until 4 p.m. on May 21, 
2011, and 9 a.m. until 5:30 p.m. on May 22, 2011.

    Dated: April 29, 2011.
C.A. Blomme,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2011-11341 Filed 5-9-11; 8:45 am]
BILLING CODE 9110-04-P