[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Proposed Rules]
[Pages 15006-15009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6182]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0070]
RIN 1625-AA08
Special Local Regulations; Third Annual Space Coast Super Boat
Grand Prix, Atlantic Ocean, Cocoa Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish special local
regulations on the waters of the Atlantic Ocean east of Cocoa Beach,
Florida during the Third Annual Space Coast Super Boat Grand Prix, a
series of high-speed boat races. The event is scheduled to take place
on Sunday, May 20, 2012. Approximately 30 high-speed race boats are
anticipated to participate in the races, and approximately 200
spectator vessels are expected to attend the event. These special local
regulations are necessary to provide for the safety of life on
navigable waters of the United States during the races. The special
local regulations would consist of the following 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; and (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.
DATES: Comments and related material must be received by the Coast
Guard on or before April 3, 2012. Requests for public meetings must be
received by the Coast Guard on or before March 26, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0070 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Lieutenant Commander Robert Butts, Sector
Jacksonville Office of Waterways Management, Coast Guard; telephone
(904) 564-7563, email [email protected]. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0070), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact
[[Page 15007]]
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-2012-0070 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2012-0070) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. We have an agreement with the Department of Transportation to
use the Docket Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting, but you may submit a
request for one on or before February 29, 2012 using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.
Basis and Purpose
The legal basis for the proposed rule is the Coast Guard's
authority to establish special local regulations: 33 U.S.C. 1233. The
purpose of the proposed rule is to insure safety of life on navigable
waters of the United States during the Third Annual Space Coast Super
Boat Grand Prix.
Discussion of Proposed Rule
On Sunday, May 20, 2012, Super Boat International Productions, Inc.
will host the Third Annual Space Coast Super Boat Grand Prix, a series
of high-speed boat races. The event will be held on the waters of the
Atlantic Ocean east of Cocoa Beach, Florida. Approximately 30 high-
speed power boats are anticipated to participate in the races. It is
anticipated that at least 200 spectator vessels will be present during
the event.
The proposed rule would establish special local regulations that
encompass certain waters of the Atlantic Ocean east of Cocoa Beach,
Florida. The special local regulations would be enforced from 9 a.m.
until 5:30 p.m. on May 20, 2012. The special local regulations would
consist of the following two 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; and (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. Persons and vessels would be able to request
authorization to enter, transit through, anchor in, or remain within
the race area or buffer zone by contacting the Captain of the Port
Jacksonville by telephone at (904) 564-7501, or a designated
representative via VHF radio on channel 16. If authorization to enter,
transit through, anchor in, or remain within the race area or buffer
zone is granted by the Captain of the Port Jacksonville or a designated
representative, all persons and vessels receiving such authorization
would be required to comply with the instructions of the Captain of the
Port Jacksonville or a designated representative. The Coast Guard would
provide notice of the regulated areas by Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
Regulatory Analyses
We developed this proposed 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 proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of 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 proposed rule is not significant for
the following reasons: (1) The special local regulations would be
enforced for only 8\1/2\ hours; (2) although persons and vessels would
not be able to enter, transit through, anchor in, or remain within the
race area or buffer zone without authorization from the Captain of the
Port Jacksonville or a designated representative, they would be able to
operate in the surrounding area during the enforcement period; (3)
persons and vessels would still be able to enter, transit through,
anchor in, or remain within the race area or buffer zone if authorized
by the Captain of the Port Jacksonville or a designated representative;
and (4) the Coast Guard would 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 proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed 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
special local regulations from 9 a.m. until 5:30 p.m. on May 20, 2012.
For the reasons discussed in the Regulatory
[[Page 15008]]
Planning and Review section above, this proposed rule would not have a
significant economic impact on a substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.
Assistance for Small Entities
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Lieutenant
Commander Robert Butts, Sector Jacksonville Office of Waterways
Management, Coast Guard; telephone (904) 564-7563, email
[email protected]. The Coast Guard will not retaliate against
small entities that question or complain about this proposed rule or
any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call 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 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 proposed rule under that Order and
determined that this rule 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this proposed rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would not cause 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have Tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination 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 proposed rule
involves establishing special local regulations issued in conjunction
with a marine event, as described in figure 2-1, paragraph (34)(h), of
the Instruction. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this proposed
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 proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233.
2. Add a temporary Sec. 100.35T07-0070 to read as follows:
Sec. 100.35T07-0070 Special Local Regulations; Third Annual Space
Coast Super Boat Grand Prix, Atlantic Ocean, Cocoa Beach, FL.
(a) Regulated Areas. The following regulated areas are established
as special local regulations. All coordinates are North American Datum
1983.
[[Page 15009]]
(1) Race Area. All waters of the Atlantic Ocean located east of
Cocoa Beach encompassed within an imaginary line connecting the
following points: Starting at Point 1 in position 28[deg]22'09'' N,
80[deg]35'52'' W; thence east to Point 2 in position 28[deg]22'08'' N,
80[deg]35'46'' W; thence south to Point 3 in position 28[deg]19'53'' N,
80[deg]36'02'' W; thence west to Point 4 in position 28[deg]19'53'' N,
80[deg]36'08'' W; thence north back to origin.
(2) Buffer Zone. All waters of the Atlantic Ocean located east of
Cocoa Beach, excluding the race area, 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 east 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 west to Point 4 in
position 28[deg]19'47'' N, 80[deg]36'22'' W; thence north back to
origin.
(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
areas.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated areas 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 areas may contact the Captain of the
Port Jacksonville by telephone at 904-564-7501, 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 areas 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 a designated representative.
(3) 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) Enforcement Date. This rule will be enforced from 9 a.m. until
5:30 p.m. on May 20, 2012.
Dated: February 13, 2012.
C.A. Blomme,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2012-6182 Filed 3-13-12; 8:45 am]
BILLING CODE 9110-04-P