[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Rules and Regulations]
[Pages 68314-68317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28587]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0942]
RIN 1625-AA08


Special Local Regulations; Key West World Championship, Atlantic 
Ocean; Key West, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations on 
the waters of the Atlantic Ocean located southwest of Key West, Florida 
during the Key West World Championship, a series of high-speed boat 
races. The event is scheduled to take place on Wednesday, November 9, 
2011; Friday, November 11, 2011; and Sunday, November 13, 2011. These 
special local regulations are necessary to provide for the safety of 
life on navigable waters during the event. The special local 
regulations will temporarily restrict vessel traffic in certain waters 
of the Atlantic Ocean. The special local regulations will establish the 
following four areas: A race area, where all persons and vessels, 
except those persons and vessels participating in the high-speed boat 
races, are prohibited from entering, transiting, anchoring, or 
remaining; a buffer zone around the race area, where all persons and 
vessels, except those persons and vessels enforcing the buffer zone, 
are prohibited from entering, transiting, anchoring, or remaining; and 
two spectator areas, where all vessels are prohibited from anchoring 
unless authorized by the Captain of the Port Key West or a designated 
representative.

DATES: This rule is effective from 9 a.m. on November 9, 2011 through 5 
p.m. on November 13, 2011. This rule will be enforced daily from 9 a.m. 
until 5 p.m. on November 9, 2011; November 11, 2011; and November 13, 
2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket USCG-2011-0942 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0942 in the 
``Keyword''

[[Page 68315]]

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 email Marine Science Technician First 
Class William G. Winegar, Sector Key West Prevention Department, Coast 
Guard; telephone (305) 292-8809, email [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 
necessary information about the event until October 4, 2011. As a 
result, the Coast Guard did not have 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 potential danger to the 
race participants, participant vessels, spectators, and the general 
public.
    For the same reason discussed above, 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.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 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; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to protect race participants, 
participant vessels, spectators, and the general public from the 
hazards associated with high-speed boat races.

Discussion of Rule

    On November 9, 11, and 13, 2011, Super Boat International 
Productions, Inc. is hosting the Key West World Championship, a series 
of high-speed boat races. The event will be held on the waters of the 
Atlantic Ocean located southwest of Key West, Florida. Approximately 70 
high-speed power boats will be participating in the races. It is 
anticipated that at least 100 spectator vessels will be present during 
the races. Although this event occurs annually, and special local 
regulations for this event are in the Code of Federal Regulations at 33 
CFR 100.701, the Coast Guard has determined that additional safety 
measures are necessary in the special local regulations, including a 
buffer zone and two spectator areas. Therefore, the special local 
regulations set forth in 33 CFR 100.701 are inapplicable for this 
event.
    The special local regulations encompass certain waters of the 
Atlantic Ocean located southwest of Key West, Florida. The special 
local regulations will be enforced daily from 9 a.m. until 5 p.m. on 
November 9, 2011; November 11, 2011; and November 13, 2011. The special 
local regulations consist of the following four areas: (1) A race area, 
where all persons and vessels, except those persons and vessels 
participating in the high-speed boat races, are prohibited from 
entering, transiting, anchoring, or remaining; (2) a buffer zone around 
the race area, where all persons and vessels, except those persons and 
vessels enforcing the buffer zone, are prohibited from entering, 
transiting, anchoring, or remaining; and (3) two spectator areas, where 
all vessels are prohibited from anchoring unless authorized by the 
Captain of the Port Key West or a designated representative. Persons 
and vessels may request authorization to enter, transit through, anchor 
in, or remain within the race area, the buffer zone, or the spectator 
areas by contacting the Captain of the Port Key West by telephone at 
(305) 292-8727, or a designated representative via VHF radio on channel 
16. If authorization to enter, transit through, anchor in, or remain 
within the race area, the buffer zone, or the spectator areas is 
granted by the Captain of the Port Key West or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port Key West 
or a designated representative. The Coast Guard will provide notice of 
the regulated area by Local Notice to Mariners, Broadcast Notice to 
Mariners, and on-scene designated representatives.

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

    Executive Orders 13563, Regulatory Planning and Review, and 12866, 
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. This rule has not been designated a significant regulatory 
action section 6(a)(3) of that 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) The special local regulations will only be in 
enforced for a total of 24 hours; (2) although persons and vessels will 
not be able to enter, transit through, anchor in, or remain within the 
race area and buffer zone, or anchor in the spectator areas, without 
authorization from the Captain of the Port Key West or a designated 
representative, they may operate in the surrounding area during the 
enforcement periods; (3) persons and vessels may still enter, transit 
through, anchor in, or remain within the race area and buffer zone, or 
anchor in the spectator areas, during the enforcement periods if 
authorized by the Captain of the Port Key West or a designated 
representative; and (4) the Coast Guard will provide advance 
notification of the special local regulations to the local maritime 
community by 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

[[Page 68316]]

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 owner or operators of vessels intending to 
enter, transit through, anchor in, or remain within that portion of the 
Atlantic Ocean encompassed within the special local regulations from 9 
a.m. until 5 p.m. on November 9, 2011 through November 13, 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 that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(h), of 
the Instruction. This rule involves special local regulations issued in 
conjunction with a marine event. Under figure 2-1, paragraph (34)(h), 
of the Instruction an environmental analysis checklist and a 
categorical exclusion determination are not required for 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.


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0
2. Add a temporary Sec.  100.T07-0942 to read as follows:


Sec.  100.T07-0942  Special Local Regulations; Key West World 
Championship, Atlantic Ocean; Key West, FL.

    (a) Regulated Areas. The following regulated areas are established 
as special local regulations. All coordinates are North American Datum 
1983.
    (1) Race Area. All waters of the Atlantic Ocean located southwest 
of Key West encompassed within an imaginary line connecting the 
following points: Starting at Point 1 in position 24[deg]32'08'' N, 
81[deg]50'19'' W; thence east to Point 2 in position 24[deg]32'23'' N, 
81[deg]48'58'' W; thence northeast to Point 3 in position 
24[deg]33'14'' N, 81[deg]48'47'' W; thence northeast to Point 4 in 
position 24[deg]33'54'' N, 81[deg]48'22'' W; thence west to Point 5 in 
position 24[deg]33'54'' N, 81[deg]48'25'' W; thence southwest 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 the Atlantic Ocean located southwest 
of Key West encompassed within an imaginary line connecting the 
following points: Starting at Point 1 in position 24[deg]33'26'' N, 
81[deg]49'02'' W; thence southwest to Point 2 in position 
24[deg]32'22'' N, 81[deg]50'39'' W; thence south to Point 3 in position 
24[deg]31'53'' N, 81[deg]50'39'' W; thence northeast to Point 4 in 
position 24[deg]32'06'' N, 81[deg]48'35'' W thence northwest to back to 
origin. All persons and vessels except those persons and vessels 
enforcing the buffer zone are prohibited from entering, transiting 
through, anchoring in, or remaining within the buffer zone.
    (3) Spectator Area 1. All waters of the Atlantic Ocean located 
southwest of Key West encompassed within an imaginary line connecting 
the following points: Starting at Point 1 in position 24[deg]33'26'' N, 
81[deg]49'02'' W; thence northeast to Point 2 in position 
24[deg]33'36'' N, 81[deg]48'49'' W; thence northwest to Point 3 in 
position 24[deg]33'39'' N, 81[deg]49'26'' W; thence southwest to Point 
4 in position 24[deg]33'24'' N, 81[deg]49'28'' W; thence northeast back 
to origin. All vessels are prohibited from anchoring in spectator area 
1. On-scene designated representatives will direct spectator vessels to 
spectator area 1.
    (4) Spectator Area 2. All waters of the Atlantic Ocean located 
southwest of Key West encompassed within an imaginary line connecting 
the following points: Starting at Point 1 in position 24[deg]33'41'' N, 
81[deg]48'44'' W; thence northeast to Point 2 in position 
24[deg]33'55'' N, 81[deg]48'34'' W; thence southwest to Point 3 in 
position 24[deg]33'52'' N, 81[deg]48'42'' W; thence southwest back to 
origin. All vessels are prohibited from anchoring in spectator area 2. 
On-scene designated representatives will direct spectator vessels to 
spectator area 2.
    (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) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated areas may contact the Captain of the 
Port Key West by telephone at (305) 292-8727, or a designated 
representative via VHF radio on channel 16, to seek authorization. If 
authorization to enter, transit through, anchor in, or remain within 
any of the regulated areas is granted by the Captain of the Port Key 
West or a designated representative, all persons and vessels receiving 
such authorization must comply with the instructions of the Captain of 
the Port Key West or a designated representative.
    (2) The Coast Guard will provide notice of the regulated areas by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Effective Date and Enforcement Periods. This rule is effective 
from 9 a.m. on November 9, 2011 through 5 p.m. on November 13, 2011. 
This rule will be enforced daily from 9 a.m. until 5 p.m. on November 
9, 2011; November 11, 2011; and November 13, 2011.

    Dated: October 18, 2011.
Pat DeQuattro,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2011-28587 Filed 11-3-11; 8:45 am]
BILLING CODE 9110-04-P