[Federal Register Volume 78, Number 59 (Wednesday, March 27, 2013)]
[Rules and Regulations]
[Pages 18475-18477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07001]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0150]
RIN 1625-AA08


Special Local Regulations; Stuart Sailfish Regatta, Indian River; 
Stuart, 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 Indian River located northeast of the Ernest F. Lyons Bridge and 
south of Joes Cove, in Stuart, Florida during the Stuart Sailfish 
Regatta, a series of high-speed boat races. The Stuart Sailfish Regatta 
will take place from Friday, April 19, 2013, until Sunday, April 21, 
2013. Approximately 40-80 high-speed power boats will be participating 
in the event and it is anticipated that at least 100 spectator vessels 
will be. This special local regulation is necessary for the safety of 
race participants, participant vessels, spectators, and the general 
public during the event. The special local regulation establishes the 
following three 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 through, anchoring in, 
or remaining within; a buffer zone around the race area, where all 
persons and vessels, except those persons and vessels enforcing the 
buffer zone, or authorized participants or vessels transiting to the 
race area, are prohibited from entering, transiting through, anchoring 
in, or remaining within; and a spectator area.

DATES: This rule is effective from April 19, 2013, until April 21, 
2013. This rule is enforced from 9 a.m. until 5 p.m. daily from April 
19, 2013, until April 21, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0150. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade Mike H. Wu, Sector Miami 
Prevention Department, Coast Guard; telephone (305) 535-7576, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Barbara Hairston, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On January 9, 2013, the USCG published a Notice of Proposed 
Rulemaking (NPRM) entitled, ``Special Local Regulations; Stuart 
Sailfish Regatta, Indian River; Stuart, FL'' in the Federal Register 
(78 FR 1792). We received no comments on the proposed rule. No public 
meeting was requested, and none was held.

B. Basis and Purpose

    From Friday, April 19, 2013, until Sunday, April 21, 2013, Stuart 
Sailfish Regatta, Inc. will be hosting the Stuart Sailfish Regatta, a 
series of high-speed boat races. The races will be held on the Indian 
River located northeast of Ernest F. Lyons Bridge and south of Joes 
Cove, in Stuart, Florida. Approximately 40-80 high-speed power boats 
will be participating in the event. It is anticipated that at least 100 
spectator vessels will be present during the race.
    The legal basis for the rule is the Coast Guard's authority to 
establish special local regulations: 33 U.S.C. 1233. The purpose of the 
rule is to insure safety of life on navigable waters of the United 
States during the Stuart Sailfish Regatta.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard did not receive any comments to the proposed rule. 
Two changes were made to the regulatory text. First, the published NPRM 
included an overlap between the buffer zone and the spectator area. 
This has been corrected so that these two areas are in fact defined and 
separate. Second, the paragraph pertaining to the spectator area was 
amended to further explain the regulation for that area. Entrance into 
the spectator area will be regulated and all persons and vessels are 
prohibited from entering the spectator area unless and until given 
permission by the Captain of the Port Miami or designated 
representative via radio on channel 16.
    This temporary final rule establishes a special local regulation 
that will encompass certain waters of the Indian River located 
northeast of Ernest F. Lyons Bridge and south of Joes Cove, in Stuart, 
Florida. The special local regulation will be enforced daily from 9 
a.m. until 5 p.m. from April 19, 2013 until April 21, 2013. The special 
local regulation consists of the following three 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 through, anchoring in, or remaining within; (2) a 
buffer zone around the race area, where all persons and vessels, except 
those persons and vessels enforcing the buffer zone, or authorized 
participants or vessels transiting to the race area, are prohibited 
from entering, transiting through, anchoring in, or remaining within; 
and (3) a spectator area.
    Persons and vessels may request authorization by contacting the 
Captain of the Port Miami by telephone at (305) 535-4472, or a 
designated representative via VHF radio on channel 16, to enter, 
transit through, anchor in, or remain within the race area or the 
buffer zone. If authorization is granted by the Captain of the Port 
Miami or a designated representative, all persons and vessels receiving 
such authorization must comply with the instructions of the Captain of 
the Port Miami or a designated representative. 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. Regulatory Analyses

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

1. Regulatory Planning and Review

    This 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

[[Page 18476]]

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 rule is not 
significant for the following reasons: (1) The special local 
regulations will be enforced for a maximum of 8 hours a day for three 
days; (2) non-participant persons and vessels may enter, transit 
through, anchor in, or remain within the regulated areas during their 
respective enforcement periods if authorized by the Captain of the Port 
Miami or a designated representative; (3) non-participant persons and 
vessels not able to enter, transit through, anchor in, or remain within 
the regulated areas without authorization from the Captain of the Port 
Miami or a designated representative may operate in the surrounding 
areas during the respective enforcement periods; 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.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 received no comments from the Small Business 
Administration on this rule.
    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 any of the 
regulated areas during the respective enforcement period. 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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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, 
above.
    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.

4. 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).

5. 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 rule under that Order and determined 
that this rule does not have implications for federalism.

6. 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.

7. 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 an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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). Due to potential 
environmental issues, we conducted an environmental assessment last 
year for both the issuance of the marine event permit and the 
establishment of this special local regulation. The same environmental

[[Page 18477]]

assessment is being used for this year's event as it is substantially 
similar in all aspects and therefore the potential effects and 
alternatives would remain unchanged. Additionally, a supplemental 
environmental assessment was conducted to address changes to the annual 
reoccurring event. After completing the supplemental environmental 
assessment for the issuance of the marine event permit, and the 
establishment of these special local regulations, we have determined 
these actions will not significantly affect the human environment. This 
rule involves the creation of a special local regulation in conjunction 
with a regatta or marine parade, and is categorically excluded from 
further review under paragraph 34(h) of Figure 2-1 of the Commandant 
Instruction. The supplemental environmental assessment, environmental 
assessment, and finding of no significant impact (FONSI) are 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.

List of Subjects in 33 CFR Part 100

    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 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 Sec.  100.35T07-0150 to read as follows:


Sec.  100.35T07-0150  Special Local Regulation; Stuart Sailfish 
Regatta, Indian River, Stuart, FL.

    (a) Regulated Areas. The following regulated areas are established 
as a special local regulation. All coordinates are North American Datum 
1983.
    (1) Race Area. All waters of Indian River located northeast of 
Ernest Lyons Bridge and south of Joes Cove that are encompassed within 
an imaginary line connecting the following points: Starting at Point 1 
in position 27[deg]12'46'' N, 80[deg]11'10'' W; thence southeast to 
Point 2 in position 27[deg]12'41'' N, 80[deg]11'09'' W; thence 
southwest to Point 3 in position 27[deg]12'37'' N, 80[deg]11'11'' W; 
thence southwest to Point 4 in position 27[deg]12'33'' N, 
80[deg]11'18'' W; thence southwest to Point 5 in position 
27[deg]12'31'' N, 80[deg]11'23'' W; thence west to Point 6 in position 
27[deg]12'31'' N, 80[deg]11'27'' W; thence northwest to Point 7 in 
position 27[deg]12'33'' N, 80[deg]11'31'' W; thence northwest to Point 
8 in position 27[deg]12'38'' N, 80[deg]11'32'' W; thence northeast to 
Point 9 in position 27[deg]12'42'' N, 80[deg]11'30'' W; thence 
northeast to Point 10 in position 27[deg]12'46'' N, 80[deg]11'26'' W; 
thence northeast to Point 11 in position 27[deg]12'48'' N, 
80[deg]11'21'' W; thence east to Point 12 in position 27[deg]12'48'' N, 
80[deg]11'15'' W; thence southeast 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 Indian River located northeast of 
Ernest Lyons Bridge and south of Joes Cove that are encompassed within 
an imaginary line connecting the following points, with the exception 
of the spectator area: Starting at Point 1 in position 27[deg]12'40'' 
N, 80[deg]11'38'' W; thence southeast to Point 2 in position 
27[deg]12'22'' N, 80[deg]11'28'' W; thence northeast to Point 3 in 
position 27[deg]12'35'' N, 80[deg]11'00'' W; thence northwest to Point 
4 in position 27[deg]12'47'' N, 80[deg]11'04'' W; thence northeast to 
Point 5 in position 27[deg]13'05'' N, 80[deg]11'01'' W; thence 
southwest to Point 6 in position 27[deg]12'54'' N, 80[deg]11'26'' W; 
thence southeast to Point 7 in position 27[deg]11'52'' N, 
80[deg]11'25'' W; thence southwest back to origin. All persons and 
vessels, except those persons and vessels enforcing the buffer zone, or 
authorized participants or vessels transiting to or from the race area, 
are prohibited from entering, transiting through, anchoring in, or 
remaining within the buffer zone.
    (3) Spectator Area. All waters of Indian River located northeast of 
the Ernest Lyons Bridge and south of Joes Cove that are encompassed 
within an imaginary line connecting the following points: Starting at 
Point 1 in position 27[deg]12'47'' N, 80[deg]11'43'' W; thence 
southeast to Point 2 in position 27[deg]12'40'' N, 80[deg]11'38'' W; 
thence northeast to Point 3 in position 27[deg]11'52'' N, 
80[deg]11'25'' W; thence northwest to Point 4 in position 
27[deg]12'54'' N, 80[deg]11'26'' W; thence southwest back to origin. 
Entering, transiting through, or remaining within the spectator area, 
unless given permission by the Captain of the Port Miami or a 
designated representative via VHF radio on channel 16.
    (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 Miami in the enforcement of the regulated area.
    (c) Regulations. (1) All persons and vessels, are prohibited from:
    (i) Entering, transiting through, anchoring in, or remaining within 
the race area, unless participating in the race.
    (ii) Entering, transiting through, anchoring in, or remaining 
within the buffer zone, unless enforcing the buffer zone or a race 
participant transiting to or from the race area.
    (iii) Entering, transiting through, or remaining within the 
spectator area, unless given permission by the Captain of the Port 
Miami or a designated representative via VHF radio on channel 16.
    (iv) Traveling in excess of wake speed in the spectator area.
    (2) Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within any of the three regulated areas 
by contacting the Captain of the Port Miami by telephone at 305-535-
4472, or a designated representative via VHF radio on channel 16. If 
authorization is granted by the Captain of the Port Miami or a 
designated representative, all persons and vessels receiving such 
authorization 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 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 p.m. daily from April 19, 2013 through April 21, 2013.

    Dated: March 7, 2013.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2013-07001 Filed 3-26-13; 8:45 am]
BILLING CODE 9110-04-P